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JUSTICE LEGISLATION AMENDMENT (PROTECTIVE SERVICES OFFICERS AND OTHER MATTERS) ACT 2017 (NO. 45 OF 2017) - SECT 9

Information to be given before search occurs

    (1)     After section 10I(1) of the Control of Weapons Act 1990 insert

    "(1A)     When a protective services officer detains a person or a vehicle under section 10GA or 10H to conduct a search, the protective services officer must—

        (a)     if requested by the person, inform the person to be searched or a person in or on the vehicle, as the case requires, of the protective services officer's name, rank and place of duty; and

        (b)     if requested by the person, provide the information referred to in paragraph (a) in writing; and

        (c)     produce the officer's identification for inspection by the person, unless the protective services officer is in uniform; and

        (d)     inform the person that the protective services officer intends to search the person or the vehicle (as the case requires) for weapons and is empowered to do so under this Act; and

        (e)     give the person a search notice that complies with subsection (3).".

    (2)     In section 10I(2) of the Control of Weapons Act 1990 , for "Subsection (1)(e) does" substitute "Subsections (1)(e) and (1A)(e) do".

    (3)     In section 10I(3)(c) of the Control of Weapons Act 1990 , after "police officers" insert "and protective services officers on duty at a designated place".

    (4)     In section 10I(3)(d) of the Control of Weapons Act 1990 , after "police officer" insert "or a protective services officer on duty at a designated place".



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