488DOfficer in charge may refuse or terminate visits for security reasons

488D Officer in charge may refuse or terminate visits for security reasons (1) If the officer in charge of a youth justice facility believes on reasonable grounds that the security of the facility or the safety of a visitor is threatened, the officer may— (a) by order prohibit a person from entering the facility as a visitor; or (b) order the visitor to leave the facility immediately. (2) Without limiting any other power of the Secretary under this Act, if the Secretary believes on reasonable grounds that the good order or security of youth justice facilities or the safety of detainees or visitors to youth justice facilities is threatened, the Secretary may by order prohibit a person from entering all or any youth justice facilities in Victoria as a visitor. (3) An order under subsection (2) in relation to a matter prevails over any order under subsection (1) in relation to that matter. (4) A person must not disobey an order under this section. Ch. 5 Pt 5.8 Div. 3AA (Heading and ss 488DA–488DE) inserted by No. 31/2017 s. 64. Division 3AA—Offences relating to operation or possession of remotely piloted aircraft or helicopter S. 488DA inserted by No. 31/2017 s. 64. 488DA Definitions ***youth justice facility*** means a remand centre, a youth residential centre or a youth justice centre (other than a youth justice unit). S. 488DB inserted by No. 31/2017 s. 64. 488DB Offences relating to operation or possession of remotely piloted aircraft or helicopter (1) A person (other than a person referred to in subsection (2) or a prescribed person or a person belonging to a prescribed class of persons) must not intentionally or recklessly operate or attempt to operate a remotely piloted aircraft or a helicopter or possess a remotely piloted aircraft— (a) in any direction in the airspace above a youth justice facility at or below 400 feet above ground level; or (b) in or at a youth justice facility; or (c) outside but near a youth justice facility— in a manner that threatens or is likely to threaten the good order or security of the youth justice facility or any person in the youth justice facility, unless the person has a reasonable excuse. Penalty: 2 years imprisonment. (2) A person does not contravene subsection (1) if the person operates or attempts to operate a remotely piloted aircraft or a helicopter or is in possession of a remotely piloted aircraft— (a) in accordance with this Act or the regulations; or (b) in accordance with an authorisation given by the officer in charge under section 488DC; or (c) in accordance with a law of the Commonwealth; or (d) for the purposes of law enforcement by a law enforcement agency; or (e) for the purposes of an emergency or recovery from an emergency under the **Emergency Management Act 2013**. (3) If an officer believes on reasonable grounds that a person is committing or has committed an offence against subsection (1), the officer may order the person to leave the neighbourhood of the youth justice facility. (4) Before ordering a person to leave in accordance with subsection (3), an officer must advise the person of the reason why that person is being ordered to leave. (5) A person must not disobey an order to leave given under subsection (3). (6) If an officer believes on reasonable grounds that a person has committed an offence against subsection (1), the officer may apprehend the person without warrant. (7) An officer who has apprehended a person in accordance with subsection (6) must deliver as soon as possible the person into the custody of a police officer to be dealt with according to law. (8) The **Crimes Act 1958** (except section 458(1) and 458(2)) applies to the apprehension of a person under this section as if the person were found committing an offence within the meaning of section 458(1)(a) of that Act. (9) Where a provision of this section is inconsistent with a law of the Commonwealth, the law of the Commonwealth prevails to the extent of the inconsistency. (10) For the purposes of subsection (9), a provision of this section is inconsistent with a law of the Commonwealth if it would be inconsistent within the meaning of section 109 of the Constitution of the Commonwealth. (11) In this section— ***law enforcement agency*** means— (a) Victoria Police; or (b) the Australian Federal Police; ***remotely piloted aircraft*** includes the controls for the aircraft. S. 488DC inserted by No. 31/2017 s. 64. 488DC Officer in charge may give authorisation The officer in charge may, by instrument, authorise a person, or a class of persons, to operate or attempt to operate a remotely piloted aircraft or a helicopter or to possess a remotely piloted aircraft in, at or outside but near the youth justice facility. S. 488DD inserted by No. 31/2017 s. 64. 488DD Search (1) If the officer in charge believes on reasonable grounds that a person is committing or has committed an offence against section 488DB(1), the officer in charge may order an officer to conduct a search outside but near the youth justice facility. (2) If an officer believes on reasonable grounds that a person is committing or has committed an offence against section 488DB(1), the officer may conduct a search outside but near the youth justice facility. (3) In conducting a search under subsection (1) or (2), an officer may— (a) search and examine a person who is reasonably believed to have committed the offence including any thing belonging to, in the possession of or under the control of, the person, including the person's vehicle; or (b) search the location at which the offence is reasonably believed to have been committed; or (c) require a person outside but near the youth justice facility to submit to a search if the officer reasonably believes that a thing on the person or in the person's possession will afford evidence of the commission of the offence; or (d) search and examine any thing outside but near the youth justice facility, including a place where detainees are, if the officer reasonably believes that the thing will afford evidence of the commission of the offence; or (e) seize any thing in accordance with section 488DE. (4) Before carrying out a search under subsection (1) or (2), the officer who is to conduct the search must— (a) inform the person of the officer's authority to conduct the search; and (b) inform the person that the person may refuse the search. (5) The officer in charge may at any time make an order terminating a search under subsection (1) or (2). (6) A search under subsection (1) or (2) must be conducted in accordance with the regulations. S. 488DE inserted by No. 31/2017 s. 64. 488DE Seizure (1) In carrying out searches under section 488DD(1) or (2), an officer may seize any one or more of the following— (a) any thing found on a person or in a person's possession; (b) any thing found in, at or outside but near a youth justice facility— which the officer believes on reasonable grounds will afford evidence of the commission of an offence against section 488DB(1). (2) An officer who seizes any thing under subsection (1) must inform the officer in charge. (3) The officer in charge must deal, in accordance with sections 488F, 488G, 488GA, 488GB, 488GC and 488GD, with any thing seized under this section. Ch. 5 Pt 5.8 Div. 3A (Heading) inserted by No. 54/2011 s. 8. Division 3A—Seizure S. 488E inserted by No. 5/2006 s. 18 (as amended by No. 48/2006 s. 37(2)(3)), substituted by No. 54/2011 s. 8.