Victorian Numbered Acts

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CRIMES LEGISLATION AMENDMENT (PUBLIC ORDER) ACT 2017 (NO. 32 OF 2017) - SECT 6

New sections 10KA and 10KB inserted

After section 10K of the Control of Weapons Act 1990 insert

        " 10KA     Other powers that may be exercised in relation to designated area

    (1)     A police officer may direct a person wearing a face covering to leave a designated area if—

        (a)     the police officer reasonably believes the person is using the face covering primarily—

              (i)     to conceal the person's identity; or

              (ii)     to protect the person from the effects of crowd-controlling substances; and

        (b)     the person refuses to remove the face covering when requested by the police officer to do so.

    (2)     A police officer may direct a person to leave a designated area if the police officer reasonably believes the person intends to engage in conduct that would constitute an offence under section 195H (affray) or 195I (violent disorder) of the Crimes Act 1958 .

    (3)     Before, or immediately after, a police officer gives a direction to a person under this section, the police officer must advise the person that a declaration is in force declaring the relevant area to be a designated area.

        10KB     Additional reporting requirements

The Chief Commissioner must provide to the Minister for inclusion in the annual report of operations under Part 7 of the Financial Management Act 1994 a report containing—

        (a)     the number of declarations made under each of sections 10D and 10E during that financial year; and

        (b)     for each declaration reported under paragraph (a), information about whether a power under section 10KA was exercised in relation to the designated area that was the subject of the declaration.".



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