Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT (PROTECTIVE SERVICES OFFICERS AND OTHER MATTERS) ACT 2017 (NO. 45 OF 2017) - SECT 7

After section 10G of the Control of Weapons Act 1990 insert —

        " 10GA     Power to search persons in designated area—protective services officer

    (1)     A protective services officer on duty at a designated place may, without a warrant, stop and search a person, and search any thing in the possession of or under the control of the person for weapons, if the person and, if applicable, the thing are in a public place that is within a designated area.

    (2)     Clauses 1, 2, 3, 4(1), 4(3), 5(1), 5(3), 5(4), 6, 11 and 12 of Schedule 1 apply to the search of a person or thing under this section as if—

        (a)     a reference in that Schedule to a police officer were a reference to a protective services officer; and

        (b)     a reference in that Schedule to a search under section 10G were a reference to a search under this section.

    (3)         A protective services officer may only conduct a search under this section if during the operation of the declaration police officers are also conducting searches in the designated area.

    (4)     A protective services officer must conduct the least invasive search that is practicable in the circumstances.

    (5)     A protective services officer may detain a person for so long as is reasonably necessary to conduct a search under this section.".