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SERIOUS SEX OFFENDERS (DETENTION AND SUPERVISION) AMENDMENT (COMMUNITY SAFETY) ACT 2016 (NO. 32 OF 2016) - SECT 20

Seizure

    (1)     In the heading to section 143 of the Principal Act, after " Seizure " insert " and examination ".

    (2)     In section 143 of the Principal Act—

        (a)     after "specified officer" (wherever occurring) insert "or police officer (as the case requires)";

        (b)     after "re-offending" insert "or breaching the conditions of the supervision order".

    (3)     At the end of section 143 of the Principal Act insert

    "(2)     A supervision officer, a specified officer or a police officer may examine any thing, or operate any electronic equipment, seized under this section for the purpose of investigating—

        (a)     whether the offender has complied with the supervision order; or

        (b)     whether the offender has re-offended or has breached the conditions of the supervision order.

    (3)     Without limiting subsection (1), a supervision officer, a specified officer or a police officer may seize or take a sample of any thing belonging to, or found in the possession or under the control of, a supervision officer, a specified officer, an offender or any other person (other than a judge of the Supreme Court or County Court or a magistrate) if the officer suspects on reasonable grounds that—

        (a)     the thing will afford evidence of the commission of an indictable offence (whether or not that offence is a breach of a supervision order); and

        (b)     it is necessary to seize or take a sample of that thing in order to prevent its concealment, loss or destruction or its use in the commission of an indictable offence (whether or not that offence is a breach of a supervision order).

    (4)     A police officer exercising a power under this section may direct the following persons accompanying the police officer to exercise those powers subject to the officer's direction—

        (a)     a Victoria Police employee within the meaning of the Victoria Police Act 2013 ;

        (b)     any person who delivers services or advice on behalf of Victoria Police.

    (5)     If necessary, a supervision officer, a specified officer or a police officer, as the case requires, may use reasonable force to carry out a seizure under this section.".



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