Victorian Numbered Acts

SERIOUS SEX OFFENDERS (DETENTION AND SUPERVISION) AMENDMENT (COMMUNITY SAFETY) ACT 2016 (NO. 32 OF 2016) - SECT 28

After section 171A(2) of the Principal Act insert —

    "(3)     A police officer exercising a power of entry under subsection (1) may—

        (a)     search that part of the premises that is occupied by the offender, and any thing (including any vehicle) belonging to, or in the possession of or under the control of, the offender at the premises; and

        (b)     search and examine the offender at the premises.

    (4)     For the purposes of subsection (3), a search of an offender means either or both a garment search or a pat-down search.

    (5)     To the extent practicable, a pat-down search must be conducted by a person of the same sex as the offender being searched.

    (6)     A search under this section may continue only for as long as necessary to achieve the purpose of the search.

    (7)     In carrying out a search under subsection (3), a police officer may seize any thing found in the possession or under the control of the offender which the police officer reasonably suspects—

        (a)     will compromise—

              (i)     the welfare or safety of a member of the public; or

              (ii)     the offender's compliance with the supervision order; or

        (b)     relates to behaviour or conduct associated with an increased risk of the offender re-offending or breaching the conditions of the supervision order.

    (8)     A police officer may examine any thing, or operate any electronic equipment seized under subsection (7) for the purpose of investigating—

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

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

    (9)     Without limiting subsection (8), a police officer may seize or take a sample of any thing belonging to, or found in the possession or under the control of, the offender 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).

    (10)     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.

    (11)     If necessary, a police officer may use reasonable force to carry out a search or a seizure under this section.

    (12)     In this section—

"garment search" means a search of any article of clothing worn by a person or in the person's possession, where the article of clothing is touched or removed from the person's body;

"pat-down search" means a search of a person where the person's clothed body is touched.

Note

See Division 9 of Part 10 which also applies to searches and seizure under this section.".