Control of Weapons Act 1990

Schedule 1—Conduct of searches 63

Endnotes 76

1 General information 76

2 Table of Amendments 78

3 Explanatory details 83

Version No. 077

Control of Weapons Act 1990

No. 24 of 1990

Version incorporating amendments as at

The Parliament of Victoria enacts as follows:

S. 1 substituted by No. 26/1997
s. 4.

1 Purpose

The purpose of this Act is to regulate—

(a) weapons other than firearms; and

(b) body armour.

2 Commencement

This Act comes into operation on a day or days to be proclaimed.

S. 3
amended by No. 53/2007 s. 3(4) (ILA s. 39B(1)).

3 Definitions

(1) In this Act—

S. 3(1) def. of body armour inserted by No. 26/1997
s. 5, substituted by No. 47/2000 s. 4, amended by No. 52/2010 s. 26(b).

body armour means a garment or item—

(a) that is designed, intended or adapted for the purpose of protecting the body from the effects of a weapon, including a firearm; and

(b) that is prescribed by the regulations to be body armour;

S. 3(1) def. of child inserted by No. 42/2010 s. 4.

child means a person under the age of 18 years;

S. 3(1) def. of controlled weapon inserted by No. 47/2000 s. 5(1), amended by Nos 10/2024 s. 24, 9/2025 s. 54A(1).

controlled weapon means—

(a) a knife, other than a knife that is a prohibited weapon; or

(b) an article that is prescribed by the regulations to be a controlled weapon;

S. 3(1) def. of corrections officer inserted by No. 47/2000 s. 5(1).

corrections officer means—

(a) a person referred to in section 12(1) of the Corrections Act 1986; or

(b) a person authorised by the Secretary under section 9A of the Corrections Act 1986;

S. 3(1) def. of dangerous article amended by No. 30/1994 s. 4.

dangerous article means—

(b) an article which has been adapted or modified so as to be capable of being used as a weapon; or

(c) any other article which is carried with the intention of being used as a weapon;

S. 3(1) def. of designated place inserted by No. 43/2011 s. 7(b), substituted by No. 37/2014 s. 10(Sch. item 28.1(b)).

designated place has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of firearm inserted by No. 52/2010 s. 26(a).

firearm has the same meaning as it has in section 3(1) of the Firearms Act 1996;

S. 3(1) def. of firearm prohibition order inserted by No. 2/2018 s. 39(1).

firearm prohibition order has the same meaning as in the Firearms Act 1996;

S. 3(1) def. of imitation firearm inserted by No. 52/2010 s. 26(a).

imitation firearm means a device—

(a) the appearance of which could reasonably be mistaken for that of an operable firearm; but

(b) which is not designed or adapted to discharge shot or a bullet or other missile by the expansion of gases produced in the device by the ignition of strongly combustible materials or by compressed air or other gases, whether stored in the device in pressurised containers or produced in the device by mechanical means and is not capable of being made to do so;

S. 3(1) def. of licensed premises inserted by No. 53/2007 s. 3(1), amended by Nos 59/2009 s. 34, 42/2010 s. 21(1).

licensed premises means any licensed premises within the meaning of the Liquor Control Reform Act 1998 in respect of which—

(a) a general licence or a late night (general) licence; or

(b) an on-premises licence or a late night (on‑premises) licence); or

(ba) a restaurant and cafe licence; or

(c) a club licence—

within the meaning of that Act has been issued under that Act;

S. 3(1) def. of member of police personnel inserted by No. 37/2014 s. 10(Sch. item 28.1(a)).

member of police personnel means—

(a) a police officer; or

(b) a police reservist, police recruit or protective services officer; or

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

(d) a member of the police force or police service of the Commonwealth or of another State or a Territory;

S. 3(1) def. of midwife inserted by No. 52/2010 s. 26(a).

midwife means a person registered under the Health Practitioner Regulation National Law—

(a) to practise in the nursing and midwifery profession as a midwife (other than as a student); and

(b) in the register of midwives kept for that profession;

S. 3(1) def. of military officer inserted by No. 47/2000 s. 5(1).

military officer means a person serving as a member of the naval, military or air forces of the Commonwealth;

S. 3(1) def. of non-government school inserted by No. 9/2003 s. 3, substituted by No. 24/2006 s. 6.1.2(Sch. 7 item 9).

non-Government school has the same meaning as in the Education and Training Reform Act 2006;

S. 3(1) def. of nurse inserted by No. 52/2010 s. 26(a).

nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);

S. 3(1) def. of officer inserted by No. 53/2007 s. 3(2).

officer, in relation to a body corporate, means a director, secretary or executive officer of the body corporate;

S. 3(1) def. of police officer inserted by No. 47/2000 s. 5(1), amended by No. 43/2011 s. 7(a), substituted by No. 37/2014 s. 10(Sch. item 28.1(c)).

police officer has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of police recruit inserted by No. 37/2014 s. 10(Sch. item 28.1(a)).

police recruit has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of police reservist inserted by No. 37/2014 s. 10(Sch. item 28.1(a)).

police reservist has the same meaning as in the Victoria Police Act 2013;

possession includes—

(a) actual physical possession; and

(b) custody or control; and

(c) having and exercising access either solely or in common with others;

S. 3(1) def. of prescribed weapon repealed by No. 47/2000 s. 5(2).

S. 3(1) def. of prohibited person inserted by No. 47/2000 s. 5(1).

prohibited person has the same meaning as in section 3(1) of the Firearms Act 1996;

S. 3(1) def. of prohibited weapon inserted by No. 47/2000 s. 5(1), amended by Nos 52/2010 s. 26(c), 9/2025 s. 54A(2).

prohibited weapon means an imitation firearm, a machete or an article that is prescribed by the regulations to be a prohibited weapon;

S. 3(1) def. of protective services officer inserted by No. 43/2011 s. 7(b), substituted by No. 37/2014 s. 10(Sch. item 28.1(d)).

protective services officer has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of public place amended by No. 53/2007 s. 3(3).

public place has the same meaning as it has under the Summary Offences Act 1966 and also includes a non-government school;

S. 3(1) def. of registered medical practitioner inserted by No. 52/2010 s. 26(a).

registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

S. 3(1) def. of registered psychologist inserted by No. 52/2010 s. 26(a).

registered psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student).

S. 3(1) def. of regulated weapon repealed by No. 47/2000 s. 5(2).

S. 3(2) inserted by No. 53/2007 s. 3(4).

(2) A reference in this Act to the immediate vicinity of licensed premises means a place that is within 20 metres of the licensed premises.

4 Application and construction of Act

S. 4(1) amended by No. 52/2010 s. 27.

(1) This Act applies to weapons other than firearms.

(2) This Act is to be read and construed as in aid of and not in derogation from any other Act relating to weapons and firearms.

(3) This Act does not apply to or in relation to any weapon vested in, belonging to or in the possession or control of a person or body of persons by reason of that person or body of persons having the control and management of premises declared by Order of the Governor in Council published in the Government Gazette to be a museum for the purposes of this Act.

S. 4A inserted by No. 45/2017 s. 51.

4A Application of powers conferred on protective services officers under this Act

(1) Subject to subsection (2), a protective services officer may only exercise the powers under this Act in relation to a person who is at, or in the vicinity of, a designated place.

(2) A protective services officer may only exercise the power under section 11B in relation to a person who was at, or in the vicinity of, a designated place at the time of the alleged offence.

(3) A protective services officer may only exercise a power conferred by this Act in relation to a designated area if that designated area overlaps with, or is in the vicinity of, a designated place.

S. 5
substituted by No. 47/2000 s. 6.

5 Prohibited weapons

S. 5(1) amended by No. 1/2007 s. 3.

(1) A person must not—

(a) bring into Victoria; or

(b) cause to be brought into or sent into Victoria; or

S. 5(1)(c) amended by No. 42/2010 s. 5(1).

(c) manufacture; or

S. 5(1)(d) amended by No. 12/2012 s. 3(1).

(d) display or advertise for sale—

S. 5(1)(e) repealed by No. 12/2012 s. 3(2).

a prohibited weapon without an exemption under section 8B or an approval under section 8C.

S. 5(1AA) inserted by No. 42/2010 s. 5(2).

(1AA) A person must not sell a prohibited weapon to a person (other than a child) without an exemption under section 8B or an approval under section 8C.

S. 5(1AB) inserted by No. 42/2010 s. 5(2).

(1AB) A person (other than a child) must not purchase a prohibited weapon without an exemption under section 8B or an approval under section 8C.

S. 5(1AC) inserted by No. 42/2010 s. 5(2).

(1AC) A person must not sell a prohibited weapon to a child.

S. 5(1AD) inserted by No. 42/2010 s. 5(2).

(1AD) A child must not purchase a prohibited weapon.

1. 25 penalty units.

S. 5(1A) inserted by No. 53/2007 s. 4(1).

(1A) A person who is in licensed premises or in a public place that is in the immediate vicinity of licensed premises must not possess, carry or use a prohibited weapon without—

(a) an exemption under section 8B; or

(b) an approval under section 8C.

1. 480 penalty units or 4 years imprisonment.

S. 5(1B) inserted by No. 53/2007 s. 4(1).

(1B) If a person is convicted or found guilty of an offence against subsection (1A) in respect of an act or omission, that person is not liable to be convicted or found guilty of an offence against subsection (1)(e) in respect of the same act or omission.

S. 5(2) amended by No. 53/2007 s. 4(2).

(2) A person must not sell a prohibited weapon unless the person reasonably believes that the purchaser of the weapon has an exemption under section 8B or an approval under section 8C allowing the purchaser to possess the weapon.

S. 5(3)
inserted by No. 53/2007 s. 4(3), amended by No. 42/2010 s. 5(3).

(3) Subsections (1), (1AA), (1AB), (1A) and (2) do not apply to an employee of a person who holds an approval under section 8C if the employee is acting in the course of his or her employment and in accordance with the approval.

S. 5AA inserted by No. 12/2012 s. 4.

5AA Offence to possess, use or carry a prohibited weapon

A person must not possess, use or carry a prohibited weapon (other than an imitation firearm) without an exemption under section 8B or an approval under section 8C.

Penalty: 240 penalty units or imprisonment for 2 years.

S. 5AB inserted by No. 12/2012 s. 4.

5AB Offence to possess, use or carry an imitation firearm

(1) A non-prohibited person must not possess, use or carry an imitation firearm without an exemption under section 8B or an approval under section 8C.

Penalty: 240 penalty units or imprisonment for 2 years.

(2) A prohibited person must not possess, use or carry an imitation firearm.

Penalty: 1200 penalty units or imprisonment for 10 years.

S. 5AB(3) inserted by No. 2/2018 s. 39(2).

(3) An individual to whom a firearm prohibition order applies must not possess, carry or use an imitation firearm.

Penalty: 1200 penalty units or imprisonment for 10 years.

S. 5A
inserted by No. 47/2000 s. 6.

5A Identifying persons purchasing prohibited weapons

S. 5A(1)
amended by No. 53/2007 s. 5(1).

(1) A person (the "seller") must require a person attempting to purchase a prohibited weapon from the seller (the "purchaser") to produce evidence as to the purchaser's identity—

(a) by means of a passport, driver licence or other document in one of the prescribed categories, if that document bears a photograph of the purchaser; or

S. 5A(1)(b)
amended by No. 55/2009 s. 52(a).

(b) by means of 2 documents in the prescribed categories but each in a different category; or

S. 5A(1)(c)
inserted by No. 55/2009 s. 52(b), amended by No. 82/2012 s. 158.

(c) in the case of a purchaser who is authorised under the Independent Broad-based Anti-corruption Commission Act 2011 to possess, carry and use defensive equipment (within the meaning of that Act), by means of that authorisation and the purchaser's photographic identification as an IBAC Officer within the meaning of that Act.

S. 5A(2)
amended by No. 53/2007 s. 5(2).

(2) A person must not sell a prohibited weapon to a person who is unable to produce the required evidence of identity under subsection (1).

S. 5A(3)
amended by No. 53/2007 s. 5(3).

(3) A person must not produce false evidence of identity under subsection (1).

1. 120 penalty units.

S. 5B
inserted by No. 47/2000 s. 6.

5B Recording sales of prohibited weapons

(1) A person who sells a prohibited weapon must keep a record of the sale in accordance with this section.

(2) A record under this section—

(a) must be in the form, and contain the information, prescribed by the regulations; and

(b) must be kept for a period of 3 years after the sale to which it relates.

S. 5B(3) amended by No. 37/2014 s. 10(Sch. item 28.2).

(3) A police officer, at any reasonable time, may require a person to produce for inspection a record kept under this section.

6 Control of controlled weapons

S. 6(1) amended by Nos 47/2000 s. 7(1)(a), 1/2007 s. 4.

(1) A person must not possess, carry or use a controlled weapon without lawful excuse.

1. 120 penalty units or imprisonment for 1 year.

S. 6(1AA) inserted by No. 42/2010 s. 6.

(1AA) A child must not purchase a controlled weapon.

1. 12 penalty units.

S. 6(1AB) inserted by No. 42/2010 s. 6.

(1AB) A person must not sell a controlled weapon to another person knowing that the other person is a child.

S. 6(1AC) inserted by No. 20/2015 s. 8.

(1AC) For the purposes of subsections (1AA) and (1AB), a controlled weapon does not include a disposable knife made of plastic, bamboo or wood and designed for eating purposes.

S. 6(1A) inserted by No. 53/2007 s. 6(1).

(1A) A person who is in licensed premises or in a public place that is in the immediate vicinity of licensed premises must not possess, carry or use a controlled weapon without lawful excuse.

S. 6(1B) inserted by No. 53/2007 s. 6(1).

(1B) If a person is convicted or found guilty of an offence against subsection (1A) in respect of an act or omission that person is not liable to be convicted or found guilty of an offence against subsection (1) in respect of the same act or omission.

S. 6(2) amended by Nos 47/2000 s. 7(1)(b), 53/2007 s. 6(2).

(2) A person must not carry a controlled weapon unless it is carried in a safe and secure manner consistent with the lawful excuse for which it is possessed or is carried or is to be used.

(3) In this section lawful excuse includes—

(a) the pursuit of any lawful employment, duty or activity; and

(b) participation in any lawful sport, recreation or entertainment; and

(c) the legitimate collection, display or exhibition of weapons—

but does not include for the purpose of self-defence.

S. 6(4) inserted by No. 47/2000 s. 7(2).

(4) In considering whether a person has lawful excuse to possess, carry or use a controlled weapon, the court must have regard to the circumstances, such as time and location, of the incident.

7 Control of use of dangerous articles

S. 7(1) amended by Nos 9/2003 s. 4, 53/2007 s. 7(1).

(1) A person must not in a public place possess or carry a dangerous article without lawful excuse.

1. 60 penalty units or imprisonment for 6 months.

S. 7(1A) inserted by No. 53/2007 s. 7(2).

(1A) A person who is in licensed premises or in a public place that is in the immediate vicinity of licensed premises must not possess or carry a dangerous article without lawful excuse.

1. 120 penalty units or imprisonment for 1 year.

S. 7(1B) inserted by No. 53/2007 s. 7(2).

(1B) If a person is convicted or found guilty of an offence against subsection (1A) in respect of an act or omission that person is not liable to be convicted or found guilty of an offence against subsection (1) in respect of the same act or omission.

S. 7(2) amended by No. 53/2007 s. 7(3).

(2) In this section lawful excuse includes—

(a) the pursuit of any lawful employment, duty or activity; and

(b) participation in any lawful sport, recreation or entertainment; and

(c) the legitimate collection, display or exhibition of the article; and

S. 7(2)(d) substituted by No. 53/2007 s. 7(3).

(d) the use of the article for the purpose for which it is designed or intended—

but does not include possession or carriage of a dangerous article for the purpose of self-defence.

S. 7(3) repealed by No. 53/2007 s. 7(4).

S. 7(4) substituted by No. 53/2007 s. 7(5).

(4) In considering whether a person has a lawful excuse to possess or carry a dangerous article, the court must have regard to the circumstances, such as time and location, of the incident.

S. 7A inserted by No. 52/2010 s. 28.

7A Exemption of health service workers

S. 7A(1) amended by No. 35/2012 s. 11(1).

(1) A health professional or health service security guard who is not a prohibited person and who possesses or carries a prohibited weapon, a controlled weapon or a dangerous article in a health service facility in the circumstances set out in subsection (3) does not commit an offence against section 5, 5AA, 5AB(1), 6 or 7 for so doing.

S. 7A(2) amended by No. 35/2012 s. 11(2).

(2) An ambulance officer who is not a prohibited person and who possesses or carries a prohibited weapon, a controlled weapon or a dangerous article in a health service facility or public place in the circumstances set out in subsection (3) does not commit an offence against section 5, 5AA, 5AB(1), 6 or 7 for so doing.

(3) For the purposes of subsections (1) and (2), the circumstances are that the health professional, health service security guard or ambulance worker—

(a) is carrying out his or her duties as a health professional, health service security guard or ambulance worker, as the case may be; and

(b) either—

(i) is given the prohibited weapon, controlled weapon or dangerous article by a patient; or

(ii) removes the prohibited weapon, controlled weapon or dangerous article from a patient; or

(iii) finds the prohibited weapon, controlled weapon or dangerous article in the vicinity of the patient; or

(iv) is given the prohibited weapon, controlled weapon or dangerous article by a health professional or ambulance worker who has taken possession of the weapon or article in the circumstances set out in this subsection.

S. 7A(4) amended by Nos 11/2011 s. 5, 37/2014 s. 10(Sch. item 28.2).

(4) A health professional, health security guard or ambulance worker who takes possession of a prohibited weapon, controlled weapon or dangerous article in the circumstances set out in subsection (3) must notify a police officer as soon as practicable after having taken possession of the prohibited weapon, controlled weapon or dangerous article.

(5) In this section—

ambulance worker means an operational staff member of the ambulance services as defined in the Ambulance Services Act 1986;

health professional means—

(a) a registered medical practitioner; or

(b) a nurse or midwife; or

(c) a registered psychologist;

health security guard means a security guard licensed under the Private Security Act 2004 when working in a health service facility as a contractor or an employee;

health service facility means—

(a) a day procedure centre; or

(b) a denominational hospital; or

(c) a multi purpose service; or

(d) a private hospital; or

(e) a public health service; or

(f) a public hospital—

as defined in the Health Services Act 1988.

S. 7B inserted by No. 11/2011 s. 6.

7B Exemption of person exercising power under the Education and Training Reform Act 2006

S. 7B(1) amended by No. 35/2012 s. 12.

(1) A person who possesses or carries a prohibited weapon, controlled weapon or dangerous article in a Government school or public place in the circumstances set out in subsection (2) does not commit an offence against section 5, 5AA, 5AB(1), 6 or 7 for so doing.

(2) For the purposes of subsection (1), the circumstances are that the person—

(a) is exercising a power under Part 5.8A of the Education and Training Reform Act 2006; and

(b) is not a prohibited person.

(3) If a prohibited weapon has been seized under Part 5.8A of the Education and Training Reform Act 2006 in the circumstances set out in subsection (2), the principal must, as soon as possible—

S. 7B(3)(a) amended by No. 37/2014 s. 10(Sch. item 28.2).

(a) advise a police officer of the seizure of the item; and

S. 7B(3)(b) amended by No. 37/2014 s. 10(Sch. item 28.2).

(b) if so requested, by the police officer, surrender the item to a police officer.

(4) In this section, public place includes any premises where students are engaged in a teacher supervised activity.

S. 8 (Heading) inserted by No. 68/2009 s. 97(Sch. item 27.1).

S. 8 amended by No. 68/2009 s. 97(Sch. item 27.2).

8 Claim of lawful excuse

Section 72 of the Criminal Procedure Act 2009 applies in respect of a claim of "lawful excuse" under this Act.

S. 8A
inserted by No. 26/1997
s. 6.

8A Control of body armour

S. 8A(1) amended by Nos 47/2000 s. 8(a), 53/2007 s. 8(1).

(1) A person must not—

(a) bring body armour into Victoria; or

(b) cause body armour to be brought or sent into Victoria; or

(c) manufacture, sell or purchase body armour; or

(d) possess or use body armour—

without an exemption under section 8B or an approval under section 8C.

S. 8A(2) repealed by No. 47/2000 s. 8(b), new s. 8A(2) inserted by No. 53/2007 s. 8(2).

(2) Subsection (1) does not apply to an employee of a person who holds an approval under section 8C if the employee is acting in the course of his or her employment and in accordance with the approval.

S. 8A(3)–(9) repealed by No. 47/2000 s. 8(b).

S. 8B
inserted by No. 47/2000 s. 9, amended by No. 78/2005 s. 67(ILA s. 39B(1)).

8B Exemptions for prohibited weapons and body armour

(1) The Governor in Council may, by Order published in the Government Gazette—

S. 8B(1)(a) amended by Nos 42/2010 s. 7(1), 35/2012 s. 13.

(a) exempt from any provision of section 5 (except section 5(1AC) or (1AD)), 5AA, 5AB(1) or 8A (as the case requires)—

(i) a class of persons or class of prohibited weapons or body armour; or

S. 8B(1)(a)(ii) amended by No. 37/2014 s. 10(Sch. item 28.3).

(ii) a corrections officer, military officer or member of police personnel (by name or description of office); and

(b) specify conditions and limitations to which an exemption under paragraph (a) is subject.

S. 8B(2) inserted by No. 78/2005 s. 67.

(2) An exemption under subsection (1)—

(a) must not be granted in respect of prohibited persons; and

(b) if granted in respect of a class of person or persons identified by a particular description, does not apply to any prohibited person who is a member of that class or who satisfies that description (as the case requires).

S. 8B(3) inserted by No. 42/2010 s. 7(2).

(3) An exemption granted under subsection (1) in respect of a class of person or persons may be subject to a condition that the exemption does not apply to a person until that person has been a member of that class for a specified minimum period of up to 6 months.

S. 8B(4) inserted by No. 42/2010 s. 7(2).

(4) The Governor in Council may—

(a) grant an exemption under subsection (1) for a specified period or indefinitely;

(b) vary or revoke an exemption at any time including an exemption granted for a specified period.

S. 8C

8C Approvals for prohibited weapons and body armour

S. 8C(1) amended by Nos 42/2010 s. 8, 35/2012 s. 14.

(1) Subject to subsection (2), the Chief Commissioner of Police may grant an approval to a person to do anything that is otherwise prohibited by any provision of section 5 (except section 5(1AC) or (1AD)), 5AA, 5AB(1) or 8A.

S. 8C(1A)
inserted by No. 53/2007 s. 9(1).

(1A) If an approval is granted under subsection (1) to a person who is a member of a partnership, the approval is taken to apply to each member of the partnership.

(2) The Chief Commissioner cannot grant an approval under this section to—

(a) a prohibited person; or

S. 8C(2)(b)
amended by Nos 53/2007 s. 9(2), 37/2014 s. 10(Sch. item 28.3).

(b) a corrections officer, military officer or member of police personnel in connection with their official duties; or

S. 8C(2)(c)
inserted by No. 53/2007 s. 9(3).

(c) a person who is a member of a partnership if another member of the partnership is a prohibited person; or

S. 8C(2)(d)
inserted by No. 53/2007 s. 9(3).

(d) a body corporate if an officer of the body corporate is a prohibited person.

(3) An application for approval must be—

(a) in the form approved by the Chief Commissioner; and

(b) contain the information required by the Chief Commissioner; and

(c) be accompanied by the prescribed fee.

(4) Before granting an approval the Chief Commissioner must have regard to the guidelines issued by the Minister under section 8D.

(5) The Chief Commissioner may—

(a) grant an approval for a specified period or indefinitely;

(b) vary or revoke an approval at any time, including an approval granted for a specified period.

(6) An approval—

(a) must be in writing; and

(b) is subject to—

(i) a condition that the prohibited weapon or body armour is stored safely and securely and in the manner (if any) specified by the Chief Commissioner in the approval; and

(ii) any other conditions or limitations that the Chief Commissioner considers appropriate.

(7) The Chief Commissioner may—

(a) refuse to grant an approval to an applicant who is under the age of 18 years; or

(b) impose conditions or limitations on an approval granted to an applicant who is under the age of 18 years that the Chief Commissioner would not impose on an applicant of or over that age.

S. 8D

8D Ministerial guidelines

(1) The Minister may issue guidelines relating to the granting of approvals under section 8C, including guidelines prohibiting or restricting the granting of approvals to applicants who are under the age of 18 years.

(2) Any guidelines issued by the Minister under subsection (1) must be published in the Government Gazette.

S. 8E

8E Offences regarding exemptions and approvals

S. 8E(1) amended by No. 53/2007 s. 10(1).

(1) A person must not intentionally or recklessly breach a condition to which an exemption under section 8B or an approval under section 8C that applies to the person is subject.

S. 8E(1A)
inserted by No. 53/2007 s. 10(2).

(1A) An employee of a person to whom an approval has been granted under section 8C must not intentionally or recklessly breach a condition to which the approval is subject while, in the course of that employment, performing duties for which the approval is required.

1. 5 penalty units.

S. 8E(2) amended by No. 53/2007 s. 10(3).

(2) A person must not knowingly make a statement in an application for approval under section 8C that is false or misleading in a material particular.

S. 8E(3)
inserted by No. 53/2007 s. 10(4).

(3) A person who is the holder of an approval under section 8C must not employ a prohibited person, or allow a prohibited person to be employed, to carry out duties for which an approval under section 8C is required.

S. 8EA
inserted by No. 53/2007 s. 11.

8EA Offences by body corporate

(1) If a body corporate contravenes a provision of this Act, each officer of the body corporate is deemed to have contravened the same provision if the officer knowingly authorised or permitted the contravention.

(2) A person may be proceeded against and convicted under a provision in accordance with subsection (1) whether or not the body corporate has been proceeded against or been convicted under that provision.

(3) Nothing in this section affects any liability imposed on a body corporate for an offence committed by the body corporate against this Act.

S. 8EB
inserted by No. 53/2007 s. 11.

8EB Offences by partners

(1) If a person who is a member of a partnership contravenes a provision of this Act, the partner or partners of that person are deemed to have contravened the same provision if the partner or partners knowingly authorised or permitted the contravention.

(2) A person may be proceeded against and convicted under a provision in accordance with subsection (1) whether or not another member of the partnership has been proceeded against or been convicted under that provision.

S. 8F

8F Chief Commissioner to report on applications for approval

(1) Within 30 days after the end of each financial year, the Chief Commissioner of Police must make a report to the Minister regarding applications for approval under section 8C in that financial year.

(2) A report under this section must be in the form, and contain the information, required by the Minister.

S. 8G inserted by No. 9/2003 s. 5.

8G Power to require production of approval

S. 8G(1) amended by Nos 43/2011 s. 8. 37/2014 s. 10(Sch. item 28.4).

(1) A police officer, or a protective services officer on duty at a designated place, who—

S. 8G(1)(a) amended by No. 35/2012 s. 15.

(a) has reasonable grounds for suspecting that a person has committed an offence against section 5, 5AA or 5AB(1) or is carrying or has in his or her possession a prohibited weapon; and

(b) produces his or her identification for inspection by the person—

may demand that the person produce an approval under section 8C allowing the person to do the thing otherwise prohibited.

(2) A person to whom a demand is directed under subsection (1) must comply with the demand.

1. 30 penalty units.

(3) This section does not apply to a person who is exempted under section 8B.

9 Forfeiture or return of prohibited weapons, controlled weapons, dangerous articles or body armour

S. 9(1) amended by Nos 26/1997
s. 7, 47/2000 s. 10(1)(a), 7/2002 s. 34.

(1) If a court finds a person guilty or not guilty because of mental impairment of an offence under this Act, the prohibited weapon, controlled weapon, dangerous article or body armour to which the offence relates is forfeited to the Crown and must be sold or destroyed unless the court makes an order that it be returned to the person.

S. 9(2) amended by Nos 26/1997
s. 7, 47/2000 s. 10(1)(b)(i)(ii).

(2) A prohibited weapon, controlled weapon, dangerous article or body armour which has been forfeited under subsection (1) cannot be sold or destroyed until the period for an appeal has elapsed, or if an appeal against the conviction has been lodged, unless the appeal has been dismissed.

S. 9(3) amended by No. 26/1997
s. 7, substituted by No. 47/2000 s. 10(2).

(3) A prohibited weapon, controlled weapon, dangerous article or body armour which has been seized in relation to an offence by a person under this Act must be returned to that person in accordance with this section if—

(a) proceedings for that offence are not commenced within the period of 3 months after the seizure; or

(b) a decision is made within that period not to bring proceedings for that offence.

S. 9(4) amended by No. 26/1997
s. 7, substituted by No. 47/2000 s. 10(2), amended by No. 37/2014 s. 10(Sch. item 28.4).

(4) The police officer in charge of the police station at which the prohibited weapon, controlled weapon, dangerous article or body armour is kept must give notice to the person from whom the prohibited weapon, controlled weapon, dangerous article or body armour was seized of his or her right to have it returned.

S. 9(5) inserted by No. 47/2000 s. 10(2).

(5) If a person who is given notice under subsection (4) does not apply within 7 days after the receipt of the notice for the return of the prohibited weapon, controlled weapon, dangerous article or body armour as the case requires, the prohibited weapon, controlled weapon, dangerous article or body armour is forfeited to the Crown and must be sold or destroyed.

S. 9(6) inserted by No. 47/2000 s. 10(2).

(6) A person who applies under this section for the return of a prohibited weapon, controlled weapon, dangerous article or body armour, must collect it from the police station at which it is kept.

S. 9(7) inserted by No. 47/2000 s. 10(2).

(7) If the person who applies for the return of a prohibited weapon, controlled weapon, dangerous article or body armour is under the age of 18 years, the prohibited weapon, controlled weapon, dangerous article or body armour must not be returned to him or her unless he or she is accompanied by a parent or guardian to collect it.

S. 9A inserted by No. 42/2010 s. 9.

9A Forfeiture of controlled weapons if infringement notice served

S. 9A(1) amended by Nos 43/2011 s. 9, 37/2014 s. 10(Sch. item 28.4).

(1) This section applies if a police officer or a protective services officer serves a person (the recipient) with an infringement notice in respect of an offence against section 6(1), (1AA) or (1A) and seizes a controlled weapon to which the offence relates.

(2) The controlled weapon is forfeited to the Crown.

(3) Subject to subsection (4), the controlled weapon may be sold or destroyed if—

(a) the recipient pays the infringement penalty stated in the infringement notice; or

(b) the recipient commences a payment plan, under section 48 of the Infringements Act 2006, for the infringement penalty stated in the infringement notice; or

S. 9A(3)(ba) inserted by No. 47/2014 s. 254(1).

(ba) the recipient commences a payment arrangement under section 47 of the Fines Reform Act 2014; or

(c) the recipient requests the addition of the infringement penalty stated in the infringement notice to a payment plan under Part 3 of the Infringements Act 2006; or

(d) the payment period specified in the infringement notice expires and the recipient has not applied, under section 22 of the Infringements Act 2006, for review of the decision to serve the infringement notice; or

S. 9A(3)(e) amended by No. 37/2014 s. 10(Sch. item 28.4).

(e) the recipient applies, under section 22 of the Infringements Act 2006, for review of the decision to serve the infringement notice and a police officer decides, on review—

(i) to confirm the decision to serve the infringement notice; or

(ii) to withdraw the infringement notice and serve an official warning (within the meaning of that Act) in place of the infringement notice—

and 28 days have elapsed since that decision.

(4) Subsection (3) does not apply if—

(a) the recipient elects, under section 16 of the Infringements Act 2006, to have the matter of the infringement offence heard and determined in the Magistrates' Court or the Children's Court; or

S. 9A(4)(b) amended by No. 37/2014 s. 10(Sch. item 28.4).

(b) a police officer, whether on a review under section 24 of the Infringements Act 2006 or otherwise—

(i) refers the matter for which the infringement notice has been served to the Magistrates' Court under section 17(1) of that Act; or

(ii) withdraws the infringement notice and files a charge-sheet and summons in the Children's Court for the matter of the infringement offence to be dealt with.

Note

Section 9 applies if the matter of the infringement offence is heard and determined in the Magistrates' Court or the Children's Court.

(5) Subject to subsection (6), the controlled weapon must be returned to the recipient in accordance with this section if—

S. 9A(5)(a) amended by No. 37/2014 s. 10(Sch. item 28.4).

(a) a police officer withdraws the infringement notice without—

(i) referring the matter for which the infringement notice has been served to the Magistrates' Court under section 17(1) of the Infringements Act 2006; or

(ii) filing a charge-sheet and summons in the Children's Court for the matter of the infringement offence to be dealt with; or

(iii) serving, on that person, an official warning (within the meaning of the Infringements Act 2006) in place of the infringement notice; or

S. 9A(5)(b) substituted by No. 47/2014 s. 254(2).

(b) the enforcement agency under the Infringements Act 2006 grants an application under section 25(2A)(a) of that Act; or

(c) the Children's Court cancels the infringement notice under clause 16 of Schedule 3 to the Children, Youth and Families Act 2005.

(6) Subsection (5) does not apply if the controlled weapon has been sold or destroyed under subsection (3).

(7) Section 9(4), (5), (6) and (7) apply to the return of a controlled weapon under subsection (5).

S. 10 substituted by No. 30/1994
s. 5, amended by No. 47/2000 s. 11(a)(i)(ii), substituted by No. 9/2003 s. 6, amended by 53/2007 s. 12, substituted by No. 92/2009 s. 9.

10 Search without a warrant

S. 10(1) amended by No. 37/2014 s. 10(Sch. item 28.5(a)(ii)).

(1) If—

S. 10(1)(a) amended by No. 37/2014 s. 10(Sch. item 28.5(a)(i)).

(a) a police officer has reasonable grounds for suspecting that a person is carrying or has in his or her possession in a public place a weapon contrary to this Act; and

S. 10(1)(b) amended by No. 37/2014 s. 10(Sch. item 28.5(a)(ii)).

(b) the police officer informs the person of the grounds for his or her suspicion; and

S. 10(1)(c) amended by No. 37/2014 s. 10(Sch. item 28.5(a)(ii)).

(c) the police officer complies with subsection (3)—

the police officer may, without a warrant—

(d) search the person and any vehicle or thing in his or her possession or under his or her control for the weapon; and

S. 10(1)(e) amended by No. 37/2014 s. 10(Sch. item 28.5(a)(ii)).

(e) seize and detain any item detected during the search that the police officer reasonably suspects is a weapon.

(2) For the purposes of subsection (1)(a), the fact that a person is present in a location with a high incidence of violent crime may be taken into account in determining whether there are reasonable grounds for suspecting that the person is carrying a weapon or has a weapon in his or her possession.

S. 10(3) amended by No. 37/2014 s. 10(Sch. item 28.5(b)(i)(ii)).

(3) Before a police officer commences a search of a person under subsection (1), the police officer must—

S. 10(3)(a) amended by No. 37/2014 s. 10(Sch. item 28.5(b)(iii)).

(a) inform the person of the police officer's name, rank and place of duty; and

S. 10(3)(c) amended by No. 37/2014 s. 10(Sch. item 28.5(b)(ii)).

S. 10(3)(d) amended by No. 37/2014 s. 10(Sch. item 28.5(b)(ii)).

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

(4) Schedule 1 applies to the search of a person or thing under this section.

S. 10(5) amended by No. 37/2014 s. 10(Sch. item 28.5(c)).

(5) A police officer must conduct the least invasive search that is practicable in the circumstances.

S. 10(6) amended by No. 37/2014 s. 10(Sch. item 28.5(c)).

(6) A police officer may detain a person for so long as is reasonably necessary to conduct a search under this section.

(7) In this section, weapon means—

S. 10AA inserted by No. 43/2011 s. 10.

10AA Search by protective services officer

(1) This section applies if a protective services officer on duty at a designated place has reasonable grounds for suspecting that a person at or in the vicinity of a designated place is carrying or has in his or her possession in a public place a weapon contrary to this Act.

(2) Subject to subsection (4), the protective services officer may, without a warrant—

(a) search the person and any vehicle or thing in the person's possession or under the person's control for the weapon; and

(b) seize and detain any item detected during the search that the protective services officer reasonably suspects is a weapon.

(3) For the purposes of subsection (1), the fact that a person is present in a location with a high incidence of violent crime may be taken into account in determining whether there are reasonable grounds for suspecting that the person is carrying a weapon or has a weapon in his or her possession.

(4) Before a protective services officer commences a search of a person under subsection (2), the protective services officer must—

(a) inform the person of the grounds for his or her suspicion; and

(b) inform the person of the protective services officer's name, rank and place of duty; and

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

(d) produce his or her identification for inspection by the person, unless the protective services officer is in uniform; and

(e) inform the person that he or she intends to search the person or thing (as the case requires) for weapons and is empowered to do so under this Act.

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

S. 10AA(5)(a) amended by No. 37/2014 s. 10(Sch. item 28.6).

(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 10 were a reference to a search under this section.

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

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

(8) To avoid doubt, a protective services officer may exercise any power under this section to search or detain a person, or seize and detain any item detected during the search, at or in the vicinity of a designated place.

(9) In this section, weapon means—

S. 10A inserted by No. 9/2003 s. 6.

10A Duty to make records concerning searches

S. 10A(1) amended by Nos 92/2009 s. 10(a), 42/2010 s. 10(1), 43/2011 s. 11(1), 37/2014 s. 10(Sch. item 28.7(a)).

(1) A police officer who conducts a search under section 10 or a strip search under section 10G, or a protective services officer who conducts a search under section 10AA, must make a written record of the search containing the prescribed particulars.

(2) The record must be made immediately after the completion of the search or, if that is not practicable, as soon as practicable after the completion of the search.

S. 10A(3) amended by Nos 92/2009 s. 10(a), 42/2010 s. 10(2), 43/2011 s. 11(2).

(3) A person subjected to a search under section 10 or 10AA or a strip search under section 10G is entitled, on request and without charge, to a copy of the record of the search, if the request is made not later than 1 year after the date of the search.

S. 10A(4) amended by No. 92/2009 s. 10(b), substituted by No. 43/2011 s. 11(3).

(4) A request under subsection (3) is made to—

S. 10A(4)(a) substituted by No. 37/2014 s. 10(Sch. item 28.7(b)).

(a) in the case of a search conducted by a police officer—the police officer in charge of the place of duty that the police officer referred to in section 10(3)(a) or 10I(1)(a) or clause 8(1)(a) of Schedule 1; or

S. 10A(4)(b) amended by No. 37/2014 s. 10(Sch. item 28.7(c)).

(b) in the case of a search conducted by a protective services officer—the police officer in charge of the place of duty of the protective services officer referred to in section 10AA(4)(b).

S. 10B inserted by No. 9/2003 s. 6.

10B Chief Commissioner to report on searches without warrant

The Chief Commissioner of Police must provide to the Minister for inclusion in the annual report of operations under Part 7 of the Financial Management Act 1994 a report containing—

S. 10B(a) amended by No. 43/2011 s. 12.

(a) the number of searches without warrant under section 10 or 10AA conducted during that financial year; and

S. 10B(ab) inserted by No. 92/2009 s. 11.

(ab) the number of strip searches conducted under section 10G during that financial year; and

S. 10B(ac) inserted by No. 42/2010 s. 11(1).

(ac) the number of strip searches conducted under section 10G during that financial year in any area in respect of which a declaration under section 10D was in effect at the time of the search; and

S. 10B(ad) inserted by No. 42/2010 s. 11(1).

(ad) the number of strip searches conducted under section 10G during that financial year in any area in respect of which a declaration under section 10E was in effect at the time of the search; and

S. 10B(b) amended by No. 42/2010 s. 11(2).

(b) the number and type of weapons and dangerous articles found during the course of searches referred to in paragraphs (a) and (ab); and

S. 10B(ba) inserted by No. 42/2010 s. 11(3).

(ba) the number of persons who were—

(i) the subject of a strip search referred to in paragraph (ab); and

(ii) charged with offences against this Act in relation to a weapon or dangerous article found during the course of that search; and

S. 10B(bb) inserted by No. 42/2010 s. 11(3).

(bb) the number of persons who were—

(i) the subject of a strip search referred to in paragraph (ac); and

(ii) charged with offences against this Act in relation to a weapon or dangerous article found during the course of that search; and

S. 10B(bc) inserted by No. 42/2010 s. 11(3).

(bc) the number of persons who were—

(i) the subject of a strip search referred to in paragraph (ad); and

(ii) charged with offences against this Act in relation to a weapon or dangerous article found during the course of that search; and

S. 10B(bd) inserted by No. 42/2010 s. 11(3).

(bd) the number of persons who were—

(i) the subject of a search conducted under section 10G; and

(ii) charged with offences against this Act in relation to a weapon or dangerous article found during the course of that search; and

(c) any other information requested by the Minister.

S. 10C inserted by No. 92/2009 s. 12.

10C Definitions

In this section and in sections 10D to 10L—

designated area means an area in respect of which a declaration under section 10D or 10E is in effect;

S. 10C def. of key transit point inserted by No. 55/2025 s. 8.

key transit point means a bus stop, railway premises or tram stop that is in the public transport system within the meaning of section 3 of the Transport Integration Act 2010;

thing includes any object, article or material;

weapon means—

S. 10D (Heading) amended by No. 32/2017 s. 4.

S. 10D inserted by No. 92/2009 s. 12.

10D Planned designation of an area

S. 10D(1) substituted by No. 9/2025 s. 55(1).

(1) The Chief Commissioner may declare an area to be a designated area if—

(a) the Chief Commissioner is satisfied that—

(i) more than one incident of violence or disorder has occurred in that area in the previous 12 months that involved the use of weapons; and

(ii) there is a likelihood that the violence or disorder will recur; or

(b) the Chief Commissioner is satisfied that—

(i) more than one incident of violence or disorder has occurred in that area in the previous 12 months that involved the use of weapons; and

(ii) it is necessary to designate the area for the purpose of enabling police officers or protective services officers to exercise search powers to prevent or deter the occurrence of any violence or disorder that the Chief Commissioner is satisfied is likely to occur; or

(c) the Chief Commissioner is satisfied that—

(i) an event is to be held in that area and incidents of violence or disorder involving the use of weapons have occurred at previous occasions of that event (wherever occurring); and

(ii) there is a likelihood that the violence or disorder will recur; or

(d) the Chief Commissioner is satisfied that—

(i) an event is to be held in that area; and

(ii) by information known to the Chief Commissioner, there is a likelihood that violence or disorder involving the use of weapons will occur in that area during the period of intended operation of the declaration.

S. 10D(1A) inserted by No. 42/2010 s. 12(1), amended by No. 9/2025 s. 55(2).

(1A) For the avoidance of doubt, the Chief Commissioner may determine under subsection (1) that there is a likelihood that violence or disorder involving the use of weapons will occur or recur even if that likelihood is less than more likely than not.

S. 10D(2) amended by Nos 37/2014 s. 10(Sch. item 28.8), 45/2017 s. 5.

(2) The area designated must not be larger than is reasonably necessary to enable police officers or protective services officers to effectively respond to the threat of violence or disorder.

S. 10D(2A) inserted by No. 55/2025 s. 9(1).

(2A) A designated area declared under this section in relation to an event may include a key transit point specified in the declaration if the Chief Commissioner is satisfied that—

(a) the key transit point is in the vicinity of the event; and

(b) persons attending the event are likely to access the key transit point for the purpose of travelling directly to or from the event.

S. 10D(3) amended by No. 42/2010 s. 12(2).

(3) The period of operation of a declaration under this section (other than a declaration in relation to an event)—

S. 10D(3)(a) amended by Nos 37/2014 s. 10(Sch. item 28.8), 45/2017 s. 5.

(a) must be not longer than is reasonably necessary to enable police officers or protective services officers to effectively respond to the threat of violence or disorder; and

S. 10D(3)(b) substituted by No. 9/2025 s. 55(3).

(b) in the case of a declaration—

(i) under subsection (l)(a), must not exceed 24 hours; or

(ii) under subsection (l)(b), must not exceed 6 months.

S. 10D(3A) inserted by No. 42/2010 s. 12(3).

(3A) A declaration under this section in relation to an event may operate for more than one period.

S. 10D(3B) inserted by No. 42/2010 s. 12(3), substituted by No. 9/2025 s. 55(4).

(3B) Each period of a declaration under this section in relation to an event operates—

(a) during the event; and

(b) during any time before and after the event that the Chief Commissioner considers reasonable.

S. 10D(4) amended by No. 9/2025 s. 55(5)(a).

(4) The Chief Commissioner must publish a notice of the declaration of an area under this section—

S. 10D(4)(a) amended by No. 9/2025 s. 55(5)(b).

(a) in the Government Gazette; and

S. 10D(4)(b) substituted by No. 9/2025 s. 55(6).

(b) on an Internet site maintained by Victoria Police.

S. 10D(4)(c) repealed by No. 9/2025 s. 55(6).

(5) The notice must—

(a) describe the designated area; and

S. 10D(5)(b) repealed by No. 20/2015 s. 10(1).

S. 10D(5)(c) amended by Nos 37/2014 s. 10(Sch. item 28.8), 45/2017 s. 5.

(c) specify the powers that police officers or protective services officers are authorised to exercise in the designated area while the declaration is in force; and

S. 10D(5)(d) amended by No. 42/2010 s. 12(4).

(d) specify the period or periods of operation of the declaration; and

S. 10D(5)(e) inserted by No. 42/2010 s. 12(5).

(e) if the declaration was made in relation to an event, specify that event.

S. 10D(5A) inserted by No. 20/2015 s. 10(2), substituted by No. 9/2025 s. 55(7), amended by No. 55/2025 s. 9(2).

(5A) In addition to subsection (5), the notice must include a map of the designated area that sets out any key transit points specified in the declaration.

S. 10D(6) amended by No. 42/2010 s. 12(6), substituted by No. 12/2012 s. 5.

(6) A declaration under this section has effect, after the date of publication of the notice in the Government Gazette, for the period or periods specified in the notice.

S. 10D(7) repealed by No. 42/2010 s. 12(7).

S. 10D(8) amended by Nos 42/2010 s. 12(8), 9/2025 s. 55(8).

(8) If a declaration (the earlier declaration) is made under this section in respect of an area, a further declaration under this section cannot take effect in respect of that area until after the end of the period of 12 hours after the end of the period, or the last of the periods, of operation of the earlier declaration.

S. 10D(9) amended by Nos 42/2010 s. 12(9), 9/2025 s. 55(9).

(9) Nothing in subsection (8) prevents a declaration being made under section 10E in respect of that area during the 12-hour period referred to in that subsection.

S. 10D(10) substituted by No. 9/2025 s. 55(10).

(10) A declaration under this section is not a legislative instrument within the meaning of the Subordinate Legislation Act 1994.

S. 10E (Heading) amended by No. 32/2017 s. 5(1).

S. 10E inserted by No. 92/2009 s. 12.

10E Unplanned designation of an area

S. 10E(1) substituted by No. 42/2010 ss 13(1), 22(1).

(1) The Chief Commissioner may, in writing, declare an area to be a designated area if the Chief Commissioner is satisfied that—

(a) there is a likelihood that violence or disorder involving weapons will occur in that area during the period of intended operation of the declaration; and

S. 10E(1)(b) amended by Nos 37/2014 s. 10(Sch. item 28.8), 45/2017 s. 6.

(b) it is necessary to designate the area for the purpose of enabling police officers or protective services officers to exercise search powers to prevent or deter the occurrence of any violence or disorder that the Chief Commissioner is satisfied is likely to occur.

S. 10E(1A) inserted by No. 42/2010 s. 13(2), amended by No. 42/2010 s. 22(2).

(1A) For the avoidance of doubt, the Chief Commissioner may determine under subsection (1) that there is a likelihood that violence or disorder involving weapons will occur even if that likelihood is less than more likely than not.

(2) The declaration under this section must specify—

(a) the designated area; and

(b) the period of operation of the declaration.

S. 10E(3) amended by Nos 42/2010 ss 13(3), 22(3), 37/2014 s. 10(Sch. item 28.8), 45/2017 s. 6.

(3) The area designated under this section must not be larger than is reasonably necessary to enable police officers or protective services officers to effectively respond to the threat of violence or disorder.

(4) The period of operation of a declaration under this section—

S. 10E(4)(a) amended by Nos 42/2010 ss 13(4), 22(4), 37/2014 s. 10(Sch. item 28.8), 45/2017 s. 6.

(a) must be not longer than is reasonably necessary to enable police officers or protective services officers to effectively respond to the threat of violence or disorder; and

S. 10E(4)(b) amended by No. 9/2025 s. 56(1).

(b) must not exceed 24 hours.

(5) A declaration under this section has effect for the period specified in the declaration.

S. 10E(6) inserted by No. 32/2017 s. 5(2).

(6) As soon as practicable after making a declaration under this section, the Chief Commissioner must ensure that notice of the declaration is published on a website maintained by Victoria Police.

S. 10E(7) inserted by No. 32/2017 s. 5(2).

(7) The notice must include the information referred to in section 10D(5) and include a map of the designated area.

S. 10E(8) inserted by No. 9/2025 s. 56(2).

(8) A declaration under this section is not a legislative instrument within the meaning of the Subordinate Legislation Act 1994.

S. 10F inserted by No. 92/2009 s. 12, amended by Nos 42/2010 s. 14, 37/2014 s. 10(Sch. item 28.9).

10F Delegation by Chief Commissioner

Despite section 19 of the Victoria Police Act 2013, the Chief Commissioner may delegate a power under section 10D or 10E only to a police officer of or above the rank of Assistant Commissioner of Police.

S. 10G inserted by No. 92/2009 s. 12.

10G Power to search persons in designated area

S. 10G(1) amended by No. 37/2014 s. 10(Sch. item 28.10).

(1) A police officer 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) Schedule 1 applies to the search of a person or thing under this section.

S. 10G(3) amended by No. 37/2014 s. 10(Sch. item 28.10).

(3) A police officer must conduct the least invasive search that is practicable in the circumstances.

S. 10G(4) amended by No. 37/2014 s. 10(Sch. item 28.10).

(4) A police officer may detain a person for so long as is reasonably necessary to conduct a search under this section.

S. 10GA inserted by No. 45/2017 s. 7.

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.

S. 10H inserted by No. 92/2009 s. 12.

10H Power to search vehicles

S. 10H(1) amended by Nos 37/2014 s. 10(Sch. item 28.10), No. 45/2017 s. 8(1).

(1) A police officer or a protective services officer on duty at a designated place may, without a warrant, stop and search a vehicle, and anything in or on the vehicle, for weapons if—

(a) the vehicle is in a public place that is within a designated area; and

(b) there is a person in or on the vehicle.

S. 10H(2) amended by Nos 37/2014 s. 10(Sch. item 28.10), No. 45/2017 s. 8(2).

(2) A police officer or protective services officer may detain a vehicle for so long as is reasonably necessary to conduct a search under this section.

S. 10I inserted by No. 92/2009 s. 12.

10I Information to be given before search occurs

S. 10I(1) amended by No. 37/2014 s. 10(Sch. item 28.11(a)(i)(ii)).

(1) When a police officer detains a person or a vehicle under section 10G or 10H to conduct a search, the police officer must—

S. 10I(1)(a) amended by No. 37/2014 s. 10(Sch. item 28.11(a)(iii)).

(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 police officer's name, rank and place of duty; and

S. 10I(1)(c) amended by No. 37/2014 s. 10(Sch. item 28.11(a)(ii)).

S. 10I(1)(d) amended by No. 37/2014 s. 10(Sch. item 28.11(a)(ii)).

(d) inform the person that the police 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).

S. 10I(1A) inserted by No. 45/2017 s. 9(1).

(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

(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).

S. 10I(2) amended by No. 45/2017 s. 9(2).

(2) Subsections (1)(e) and (1A)(e) do not apply if the person has been offered the search notice and has refused or does not wish to accept it.

(3) A search notice must state that—

(a) the person or vehicle is in a public place that is within a designated area; and

(b) a declaration is in force under section 10D or 10E (as the case requires); and

S. 10I(3)(c) amended by Nos 37/2014 s. 10(Sch. item 28.11(b)(i)), 45/2017 s. 9(3).

(c) police officers and protective services officers on duty at a designated place are empowered to search the person and any thing in the possession or control of the person, or the vehicle (as the case requires) for weapons; and

S. 10I(3)(d) amended by Nos 42/2010 s. 21(2), 37/2014 s. 10(Sch. item 28.11(b)(ii)), 45/2017 s. 9(4).

(d) it is an offence for the person to obstruct or hinder a police officer or a protective services officer on duty at a designated place in the exercise of a power to stop and search a person or a vehicle.

S. 10I(4) inserted by No. 55/2025 s. 10.

(4) A search notice may be given by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000.

S. 10J inserted by No. 92/2009 s. 12.

10J Seizure of suspected weapons

S. 10J(1) amended by No. 37/2014 s. 10(Sch. item 28.12(a)).

(1) A police officer may seize and detain any item detected during a search under section 10G or 10H that the police officer reasonably suspects is a weapon.

S. 10J(1A) inserted by No. 45/2017 s. 10(1).

(1A) A protective services officer may seize and detain any item detected during a search under section 10GA or 10H that the protective services officer reasonably suspects is a weapon.

S. 10J(2) amended by Nos 37/2014 s. 10(Sch. item 28.12(b)), 45/2017 s. 10(2).

(2) If a police officer or protective services officer who seizes and detains an item under this section, determines after examination of the item that it is not a weapon, the police officer or protective services officer must return the item to the person from whom it was seized, without delay.

S. 10K inserted by No. 92/2009 s. 12.

10K Power to obtain disclosure of identity

S. 10K(1) amended by No. 37/2014 s. 10(Sch. item 28.13).

(1) A police officer may request a person who is to be subject to a strip search under Schedule 1 and whose identity is unknown to the police officer to disclose his or her identity.

(2) A person who is so requested to disclose his or her identity must not, without reasonable excuse, fail or refuse to comply with the request.

1. 1 penalty unit.

(3) A person must not, without reasonable excuse, in response to any such request—

(a) give a name that is false in a material particular; or

(b) give an address other than the person's full and correct address.

1. 1 penalty unit.

S. 10KA inserted by No. 32/2017 s. 6.

10KA Other powers that may be exercised in relation to designated area

(1) A police officer may direct a person wearing a face covering to leave a designated area if—

(a) the police officer reasonably believes the person is using the face covering primarily—

(i) to conceal the person's identity; or

(ii) to protect the person from the effects of crowd-controlling substances; and

(b) the person refuses to remove the face covering when requested by the police officer to do so.

(2) A police officer may direct a person to leave a designated area if the police officer reasonably believes the person intends to engage in conduct that would constitute an offence under section 195H (affray) or 195I (violent disorder) of the Crimes Act 1958.

(3) Before, or immediately after, a police officer gives a direction to a person under this section, the police officer must advise the person that a declaration is in force declaring the relevant area to be a designated area.

S. 10KB inserted by No. 32/2017 s. 6.

10KB Additional reporting requirements

The Chief Commissioner must provide to the Minister for inclusion in the annual report of operations under Part 7 of the Financial Management Act 1994 a report containing—

(a) the number of declarations made under each of sections 10D and 10E during that financial year; and

(b) for each declaration reported under paragraph (a), information about whether a power under section 10KA was exercised in relation to the designated area that was the subject of the declaration.

S. 10L inserted by No. 92/2009 s. 12, amended by No. 32/2017 s. 7 (ILA s. 39B(1)).

10L Offence to obstruct or hinder search or other powers or fail to comply with direction

(1) A person must not, without reasonable excuse—

S. 10L(1)(a) amended by No. 37/2014 s. 10(Sch. item 28.14).

(a) obstruct or hinder a police officer in the exercise of a power under section 10*,* 10G, 10H or 10J to stop and search a person or vehicle or to seize and detain a thing; or

S. 10L(1)(b) amended by Nos 42/2010 s. 21(3), 37/2014 s. 10(Sch. item 28.14).

(b) fail to comply with a direction given by a police officer under clause 7(2) of Schedule 1.

1. 2 penalty units.

S. 10L(2) inserted by No. 32/2017 s. 7.

(2) A person must not, without reasonable excuse, fail to comply with a direction given by a police officer under section 10KA(1) or (2).

Penalty: 5 penalty units.

S. 10L(3) inserted by No. 45/2017 s. 11, amended by No. 9/2025 s. 57.

(3) A person must not, without reasonable excuse, obstruct or hinder a protective services officer in the exercise of a power under section 10AA, 10GA, 10H or 10J to stop and search a person or vehicle or to seize and detain a thing.

Penalty: 2 penalty units.

11 Warrant to search

S. 11(1) amended by Nos 35/2012 s. 16, 37/2014 s. 10(Sch. item 28.14), 6/2018 s. 68(Sch. 2 item 27).

(1) If a magistrate is satisfied by the evidence, on oath or by affirmation or by affidavit, of any police officer of or above the rank of sergeant or for the time being in charge of a police station that there is reasonable ground for suspecting that an offence against section 5, 5AA or 5AB has been or is being committed, he or she may grant a search warrant authorizing any police officer named therein—

(a) to enter at any time by day or by night any premises or place named in the warrant, if necessary by force; and

(b) to search the premises or place and every person found therein; and

S. 11(1)(c) amended by Nos 47/2000 s. 11(b), 35/2012 s. 16.

(c) to seize and detain any prohibited weapon which he or she finds on the premises or place or on any such person and in respect of which or in connection with which he or she has reasonable grounds for suspecting that an offence against section 5, 5AA or 5AB has been or is being committed.

(2) Except as provided in subsection (1), the rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.

S. 11A inserted by No. 53/2007 s. 13, amended by Nos 12/2012 s. 6, 2/2018 s. 39(3).

11A Indictable offence

An offence under section 5(1A) or 5AB (2) or (3) is an indictable offence.

S. 11B inserted by No. 42/2010 s. 15.

11B Power to serve infringement notice

S. 11B(1) amended by No. 37/2014 s. 10(Sch. item 28.14).

(1) Subject to subsection (2), a police officer may serve an infringement notice on any person who he or she has reason to believe has committed an offence against section 6(1), (1AA) or (1A).

S. 11B(1A) inserted by No. 43/2011 s. 13(1).

(1A) Subject to subsection (2), a protective services officer may serve an infringement notice on any person who he or she has reason to believe has committed an offence against section 6(1) at or in the vicinity of a designated place.

(2) An infringement notice in respect of an offence against section 6(1), (1AA) or (1A) must not be served on a person who is under 16 years of age at the time of the alleged offence.

S. 11B(3) amended by No. 43/2011 s. 13(2).

(3) An offence referred to in subsection (1) or (1A) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.

S. 11C inserted by No. 42/2010 s. 15, amended by No. 20/2015 s. 9.

11C Infringement penalty

The infringement penalty for an infringement offence referred to in section 11B is—

(a) in the case of an offence against section 6(1)—$1000;

(b) in the case of an offence against section 6(1AA)—2 penalty units;

(c) in the case of an offence against section 6(1A)—$2000.

12 Regulations

S. 12(1) amended by No. 9/2003 s. 7(1).

(1) The Governor in Council may make regulations for or with respect to generally prescribing any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act including, but not limited to the following matters—

S. 12(1)(a) inserted by No. 9/2003 s. 7(1).

(a) the manner in which searches are to be conducted;

S. 12(1)(b) inserted by No. 9/2003 s. 7(1).

(b) particulars to be included in records of searches.

S. 12(1A) inserted by No. 9/2003 s. 7(2).

(1A) The regulations—

(a) may be of general or limited application; and

(b) may differ according to differences in time, place or circumstances.

S. 12(2) amended by No. 78/2010 s. 24(Sch. 1 item 6.1).

(2) Regulations made under subsection (1) may be disallowed in whole or in part by resolution of either House of Parliament.

S. 12(3) repealed by No. 78/2010 s. 24(Sch. 1 item 6.2).

(4) If, under subsection (2), either House of the Parliament disallows a regulation, no regulation, being the same in substance as the regulation so disallowed shall be made within 6 months after the date of the disallowance unless the resolution to disallow the regulation has been rescinded by the House of the Parliament by which it was passed.

(5) Any regulation made in contravention of subsection (4) is void.

13 Repeals and savings

(1) The Prescribed Weapons Act 1989 is repealed.

(2) The amendments made to any other Act by the Prescribed Weapons Act 1989 cease to have effect on the day on which subsection (1) comes into operation and on and after that day any Act amended by the Prescribed Weapons Act 1989 has effect as if the Prescribed Weapons Act 1989 had not been enacted except for the purposes of paragraphs (c) to (g) of section 14(2) of the Interpretation of Legislation Act 1984.

(3) Despite the repeal of the Prescribed Weapons Act 1989—

S. 13(3)(a) amended by Nos 30/1994 s. 6, 47/2000 s. 12(1).

(a) any exemption in force under section 31A of the Firearms and Other Weapons Act 1958 immediately before the repeal continues in force until the date specified in that exemption or, if no date is specified, until revoked by an exemption made under section 8B; and

(b) the Prescribed Weapons Regulations 1989 continue in force until revoked by regulations made under this Act or by the Subordinate Legislation Act 1962 and until revoked may be amended by regulations made under this Act.

S. 13(4) repealed by No. 26/1997 s. 8, new s. 13(4) inserted by No. 47/2000 s. 12(2).

(4) An exemption under section 5(2) as in force immediately before the commencement of section 6 of the Control of Weapons (Amendment) Act 2000 continues to be in force after that commencement according to its tenor as if it were an exemption given under section 8B.

S. 13(5) repealed by No. 26/1997 s. 8, new s. 13(5) inserted by No. 47/2000 s. 12(2).

(5) An exemption under section 8A(2) as in force immediately before the commencement of section 8 of the Control of Weapons (Amendment) Act 2000 continues to be in force after that commencement according to its tenor as if it were an exemption given under section 8B.

S. 13(6) inserted by No. 47/2000 s. 12(2).

(6) An approval under section 8A as in force immediately before the commencement of section 8 of the Control of Weapons (Amendment) Act 2000 continues to be in force after that commencement according to its tenor as if it were an approval given under section 8C.

S. 13(7) inserted by No. 47/2000 s. 12(2).

(7) Any reference to a prescribed weapon in any document, including an exemption referred to in subsection (4), must be construed, so far as it relates to any period after the commencement of section 5 of the Control of Weapons (Amendment) Act 2000, as a reference to a prohibited weapon.

S. 13(8) inserted by No. 47/2000 s. 12(2).

(8) Any reference to a regulated weapon in any document must be construed, so far as it relates to any period after the commencement of section 5 of the Control of Weapons (Amendment) Act 2000, as a reference to a controlled weapon.

S. 14 repealed by No. 26/1997 s. 8, new s. 14 inserted by No. 9/2003 s. 8.

14 Transitional provision

Section 10 as in force immediately before the commencement of section 6 of the Control of Weapons and Firearms Acts (Search Powers) Act 2003 continues to apply to searches conducted before that commencement.

S. 15 repealed by No. 26/1997 s. 8,
new s. 15 inserted by No. 53/2007 s. 14.

15 Transitional provision—Justice Legislation Amendment Act 2007

(1) The amendments made to this Act by sections 7(3), 7(4) and 7(5) of the Justice Legislation Amendment Act 2007 apply only to offences alleged to have been committed on or after the commencement of those sections.

(2) For the purposes of subsection (1), if an offence is alleged to have been committed between two dates and the provision of the Justice Legislation Amendment Act 2007 effecting the amendment commences on a date between those two dates, the offence is alleged to have been committed before the commencement of that provision.

S. 16 repealed by No. 26/1997 s. 8, new s. 16 inserted by No. 42/2010 s. 16.

16 Transitional provision—Control of Weapons Amendment Act 2010

(1) An exemption granted by the Governor in Council under section 8B(1) before the commencement of section 7 of the Control of Weapons Amendment Act 2010—

(a) does not exempt any class of persons or any class of prohibited weapons from section 5(1AC) or (1AD); and

(b) may be varied or revoked by the Governor in Council under section 8B(4).

(2) An approval granted by the Chief Commissioner under section 8C(1) before the commencement of section 8 of the Control of Weapons Amendment Act 2010 does not include an approval to do anything that is prohibited by section 5(1AC) or (1AD).

(3) Sections 11B and 11C apply only to offences alleged to have been committed on or after the commencement of section 15 of the Control of Weapons Amendment Act 2010.

(4) For the purposes of subsection (3), if an offence is alleged to have been committed between two dates and section 15 of the Control of Weapons Amendment Act 2010 commences on a date between those two dates, the offence is alleged to have been committed before the commencement of that provision.

S. 17
repealed by No. 26/1997
s. 8, new s. 17 inserted by No. 35/2012 s. 17.

17 Savings provision—Police and Emergency Management Legislation Amendment Act 2012

(1) On and from the commencement of section 4 of the Control of Weapons and Firearms Acts Amendment Act 2012, any Order made by the Governor in Council under section 8B(1), being an Order in force immediately before that commencement exempting a class of person, or a class of prohibited weapons (other than imitation firearms) or a corrections officer, military officer or police officer from any provision of section 5(1) is taken also to have the effect of an exemption from the provisions of section 5AA, to the same extent as that Order has provided for an exemption from the provisions of section 5(1).

(2) On and from the commencement of section 4 of the Control of Weapons and Firearms Acts Amendment Act 2012, any Order made by the Governor in Council under section 8B(1), being an Order in force immediately before that commencement exempting a class of person, or a class of prohibited weapons (being imitation firearms) or a corrections officer, military officer or police officer from any provision of section 5(1) is taken also to have the effect of an exemption from the provisions of section 5AB(1), to the same extent as that Order has provided for an exemption from the provisions of section 5(1).

(3) On and from the commencement of section 4 of the Control of Weapons and Firearms Acts Amendment Act 2012, any approval granted by the Chief Commissioner under section 8C, being an approval in force immediately before that commencement, that—

(a) in relation to prohibited weapons (other than imitation firearms), approves a person to do anything that is otherwise prohibited by any provision of section 5 (except section 5(1A) or (1D)) is taken also to have the effect of an approval to do anything otherwise prohibited by any provision of section 5AA, to the same extent as the approval provides for section 5(1); or

(b) in relation to imitation firearms, approves a person to do anything that is otherwise prohibited by any provision of section 5 (except section 5(1A) or (1D)) is taken also to have the effect of an approval to do anything otherwise prohibited by any provision of section 5AB(1), to the same extent as the approval provides for section 5(1).

S. 18
inserted by No. 44/2021 s. 3.

18 Validation of the use etc. of oleoresin capsicum spray by protective services officers engaged in official duties on or after 17 September 1995 and before 22 September 2020

(1) If, on or after 17 September 1995 and before 22 September 2020, a protective services officer engaged in official duties—

(a) brought a prohibited weapon into Victoria or caused a prohibited weapon to be brought into or sent into Victoria; or

(b) possessed, used or carried a prohibited weapon—

the protective services officer is taken not to have committed a relevant offence as if an exemption under subsection (2) had been granted, to exempt protective services officers from the operation of the relevant offence in relation to the prohibited weapon, and the exemption was valid and in force at the time of the protective services officer's conduct.

(2) For the purposes of subsection (1), exemption means—

(a) on or after 17 September 1995 and before 17 December 2000—an exemption granted by the Governor in Council under section 5(2) as in force before the commencement of sections 6 and 9 of the Control of Weapons (Amendment) Act 2000; or

(b) on or after 17 December 2000—an exemption granted by the Governor in Council under section 8B.

(3) If, on or after 8 November 2007 and before 22 September 2020, a protective services officer engaged in official duties, possessed, used or carried a prohibited weapon in a licensed premises or in a public place that is in the immediate vicinity of a licensed premises, the protective services officer is taken not to have committed an offence against section 5(1A) as if—

(a) an exemption under section 8B had been granted to exempt protective services officers from the operation of section 5(1A) in relation to the prohibited weapon; and

(b) the exemption was valid and in force at the time of the protective services officer's conduct.

(4) If, on or after 16 May 2012 and before 22 September 2020, a protective services officer engaged in official duties, possessed, used or carried a prohibited weapon, the protective services officer is taken not to have committed an offence against section 5AA as if—

(a) an exemption under section 8B had been granted to exempt protective services officers from the operation of section 5AA in relation to the prohibited weapon; and

(b) the exemption was valid and in force at the time of the protective services officer's conduct.

(5) This section does not apply to a protective services officer who is a prohibited person on or after 17 December 2000 and before 22 September 2020.

(6) In this section—

prohibited weapon means—

(a) on or after 17 September 1995 and before 17 December 2000—a prescribed weapon within the meaning of section 3, as in force before the commencement of section 5(2) of the Control of Weapons (Amendment) Act 2000, that is an article designed or adapted to discharge oleoresin capsicum spray (however described); or

(b) on or after 17 December 2000—an article designed or adapted to discharge oleoresin capsicum spray (however described);

protective services officer means—

(a) on or after 17 September 1995 and before 1 July 2014—a protective services officer appointed under section 118B of the Police Regulation Act 1958; or

(b) on or after 1 July 2014—a protective services officer within the meaning of the Victoria Police Act 2013;

relevant offence means—

(a) in the case of conduct occurring on or after 17 September 1995 and before 17 December 2000—an offence against section 5(1)(a), (b) or (d) (as the case requires) as in force before the commencement of section 6 of the Control of Weapons (Amendment) Act 2000; or

(b) in the case of conduct occurring on or after 17 December 2000 and before 22 August 2010—an offence against section 5(1)(a), (b) or (e) (as the case requires) as in force before the commencement of section 5 of the Control of Weapons Amendment Act 2010; or

(c) in the case of conduct occurring on or after 22 August 2010 and before 16 May 2012—an offence against section 5(1)(a), (b) or (e) (as the case requires) as in force before the commencement of section 3 of the Control of Weapons and Firearms Acts Amendment Act 2012; or

(d) in the case of conduct occurring on or after 16 May 2012—an offence against section 5(1)(a) or (b) (as the case requires).

Sch. 1 inserted by No. 92/2009 s. 13.

Schedule 1—Conduct of searches

Sections 10 and 10G(2)

Sch. 1 cl. 1 amended by Nos 42/2010 s. 21(4), 37/2014 s. 10(Sch. item 28.15).

1 Application of Schedule

This Schedule applies to any search of a person or any thing in the possession or under the control of a person carried out, or authorised to be carried out, by a police officer under section 10 or 10G, except as otherwise provided by this Act or the regulations.

2 Definitions

In this Schedule—

Sch. 1 cl. 2 def. of
child repealed by No. 42/2010 s. 17(a).

electronic metal detection device means an electronic device that is capable of detecting the presence of metallic objects;

impaired intellectual functioning means—

(a) total or partial loss of a person's mental functions; or

(b) a disorder or malfunction that results in a person learning differently from a person without the disorder or malfunction; or

(c) a disorder, illness or disease that affects a person's thought processes, perceptions of reality, emotions or judgment, or that results in disturbed behaviour;

initial electronic device search means a search of a person or thing by passing an electronic metal detection device over or in close proximity to the person's outer clothing or the thing;

Sch. 1 cl. 2 def. of planned designation search inserted by No. 42/2010 s. 17(b).

planned designation search means a search conducted under section 10G in an area in respect of which a declaration under section 10D is in effect;

Note

Section 10D provides for the planned designation of a search area.

strip search of a person means a search of the person or of a thing in the possession or under the control of the person that may include—

(a) requiring the person to remove all of his or her clothes; and

(b) an examination of the person's body (but not of the person's body cavities) and of those clothes;

thing includes any object, article or material;

Sch. 1 cl. 2 def. of transgender person repealed by No. 42/2010 s. 17(a).

weapon means—

Sch. 1 cl. 3 amended by No. 37/2014 s. 10(Sch. item 28.15).

3 Initial electronic device search

A police officer who is authorised to search a person or thing under section 10G may carry out an initial electronic device search of that person or thing.

4 Examination of things

Sch. 1 cl. 4(1) amended by No. 37/2014 s. 10(Sch. item 28.16(a)).

(1) If, as a result of an initial electronic device search under clause 3, a police officer considers that a person may be concealing a weapon, the police officer may examine any thing in the possession or under the control of the person in accordance with subclause (3).

Sch. 1 cl. 4(2) amended by No. 37/2014 s. 10(Sch. item 28.16(b)).

(2) A police officer who is authorised to search a thing under section 10 may examine the thing in accordance with subclause (3).

Sch. 1 cl. 4(3) amended by No. 37/2014 s. 10(Sch. item 28.16(c)(i)).

(3) The police officer may—

(a) request the person—

(i) to produce and empty of its contents any bag, basket or other receptacle; or

(ii) to turn out his or her pockets; or

(b) search through any bag, basket or other receptacle; or

(c) search through and move the contents of any bag, basket or other receptacle; or

Sch. 1 cl. 4(3)(d) amended by No. 37/2014 s. 10(Sch. item 28.16(c)(ii)).

(d) if the police officer considers it appropriate in the circumstances, pat down the area of the person's pockets; or

(e) search through and move the contents of the person's pockets turned out in accordance with paragraph (a)(ii) or patted down under paragraph (d).

5 Outer search of the person

Sch. 1 cl. 5(1) amended by No. 37/2014 s. 10(Sch. item 28.17(a)).

(1) If, as a result of an initial electronic device search under clause 3, a police officer considers that a person may be concealing a weapon, a police officer may conduct a further search of the person in accordance with subclauses (3) and (4).

Sch. 1 cl. 5(2) amended by No. 37/2014 s. 10(Sch. item 28.17(a)).

(2) A police officer who is authorised to search a person under section 10 may conduct a search of the person in accordance with subclauses (3) and (4).

Sch. 1 cl. 5(3) amended by No. 37/2014 s. 10(Sch. item 28.17(b)).

(3) The police officer may run his or her hands over the person's outer clothing.

Sch. 1 cl. 5(4) amended by No. 37/2014 s. 10(Sch. item 28.17(b)).

(4) The police officer may ask the person to remove his or her overcoat, coat or jacket or similar article of clothing and any gloves, shoes or hat and the police officer may then—

(a) pass an electronic metal detection device over or in close proximity to the person's outer clothing after the overcoat, coat or jacket is removed; and

(b) run his or her hands over the person's outer clothing after the overcoat, coat or jacket is removed; and

(c) search the person's items of clothing that were removed by examining the interior and exterior of the item and by passing an electronic metal detection device over or in close proximity to the item.

6 Preservation of dignity during outer search

Sch. 1 cl. 6(1) amended by No. 37/2014 s. 10(Sch. item 28.18(a)).

(1) A police officer who searches a person under clause 5 must, as far as is reasonably practicable in the circumstances, comply with this clause.

Sch. 1 cl. 6(2) amended by No. 37/2014 s. 10(Sch. item 28.18(b)).

(2) The police officer must inform the person to be searched of the following matters—

(a) whether the person will be required to remove clothing during the search;

(b) if the person will be required to remove clothing during the search, why it is necessary to remove the clothing.

Sch. 1 cl. 6(3) amended by No. 37/2014 s. 10(Sch. item 28.18(b)).

(3) The police officer must ask for the person's cooperation.

Sch. 1 cl. 6(4) amended by No. 37/2014 s. 10(Sch. item 28.18(b)).

(4) The police officer must conduct the search—

(a) in a way that provides reasonable privacy for the person searched; and

(b) as quickly as is reasonably practicable.

Sch. 1 cl. 6(5) amended by No. 37/2014 s. 10(Sch. item 28.18(b)).

(5) The police officer must conduct the least invasive kind of search that is reasonably necessary in the circumstances.

Sch. 1 cl. 6(6) amended by No. 37/2014 s. 10(Sch. item 28.18(c)).

(6) A search that involves running hands over the outer clothing of a person must, if reasonably practicable, be conducted by a police officer who is of the same sex as the person being searched.

7 Strip searches

Sch. 1 cl. 7(1) amended by No. 37/2014 s. 10(Sch. item 28.19(a)(i)).

(1) A police officer is authorised to conduct a strip search of a person if—

(a) a search of the person or a thing in the possession or under the control of the person has been conducted under clause 4 or 5; and

Sch. 1 cl. 7(1)(b) amended by No. 37/2014 s. 10(Sch. item 28.19(a)(ii)).

(b) the police officer reasonably suspects that the person has a weapon concealed on his or her person; and

Sch. 1 cl. 7(1)(c) amended by No. 37/2014 s. 10(Sch. item 28.19(a)(ii)).

(c) the police officer believes on reasonable grounds that it is necessary to conduct a strip search of the person for the purposes of the search and that the seriousness and urgency of the circumstances require the strip search to be carried out.

Sch. 1 cl. 7(2) amended by No. 37/2014 s. 10(Sch. item 28.19(b)).

(2) A police officer may direct the person to accompany the police officer to a police vehicle or other private area nearby for the purposes of the search.

8 Information to be provided before strip search

Sch. 1 cl. 8(1) amended by No. 37/2014 s. 10(Sch. item 28.20(a)(i)(ii)).

(1) Before a police officer commences a strip search of a person, the police officer must—

Sch. 1 cl. 8(1)(a) amended by No. 37/2014 s. 10(Sch. item 28.20(a)(iii)).

(a) inform the person to be searched of the police officer's name, rank and place of duty; and

Sch. 1 cl. 8(1)(c) amended by No. 37/2014 s. 10(Sch. item 28.20(a)(ii)).

Sch. 1 cl. 8(1)(d) amended by No. 37/2014 s. 10(Sch. item 28.20(a)(ii)).

(d) inform the person that the police officer intends to search the person for weapons and is empowered to do so under this Act.

Sch. 1 cl. 8(2) amended by No. 37/2014 s. 10(Sch. item 28.20(b)).

(2) A police officer is not required to provide this information to a person if the police officer provided the information to the person under section 10(3) or 10I.

9 Rules for strip searches

Sch. 1 cl. 9(1) amended by Nos 42/2010 s. 21(5), 37/2014 s. 10(Sch. item 28.21(a)).

(1) A police officer who conducts a strip search of a person must comply with this clause.

Sch. 1 cl. 9(2) amended by No. 37/2014 s. 10(Sch. item 28.21(b)).

(2) The police officer must inform the person to be searched of the following matters—

(a) as to whether the person will be required to remove clothing during the search;

(b) if the person will be required to remove clothing during the search, why it is necessary to remove the clothing.

Sch. 1 cl. 9(3) amended by No. 37/2014 s. 10(Sch. item 28.21(b)).

(3) The police officer must ask for the person's cooperation.

Sch. 1 cl. 9(4) amended by No. 37/2014 s. 10(Sch. item 28.21(b)).

(4) The police officer must conduct the least invasive kind of search that is reasonably necessary in the circumstances.

(5) The strip search must be conducted in a manner that preserves the dignity and self-respect of the person being searched.

(6) The strip search must be conducted in a private area and in a way that provides reasonable privacy for the person being searched.

(7) The strip search must be conducted as quickly as is reasonably practicable.

(8) The strip search must be conducted in a manner that avoids unnecessary force.

Sch. 1 cl. 9(9) substituted by No. 42/2010 s. 18(1), amended by No. 37/2014 s. 10(Sch. item 28.21(c)).

(9) The strip search must be conducted by a police officer, or a person under the direction of a police officer, who is of—

(a) unless paragraph (b) applies, the same sex as the person being searched; or

(b) if the person being searched identifies as a member of a particular gender, that gender.

Sch. 1 cl. 9(10) substituted by No. 42/2010 s. 18(2).

(10) The strip search must not be conducted in the presence or view of a person who is not of—

(a) unless paragraph (b) applies, the same sex as the person being searched; or

(b) if the person being searched identifies as a member of a particular gender, that gender.

Sch. 1 cl. 9(11) amended by No. 37/2014 s. 10(Sch. item 28.21(d)).

(11) The strip search must not be conducted in the presence or view of a person whose presence is not necessary for the purposes of the search or the safety of the person or the police officers engaged in the search.

Sch. 1 cl. 9(12) amended by Nos 42/2010 s. 18(3), 37/2014 s. 10(Sch. item 28.21(e)).

(12) The police officer must not search the genital area of the person searched, or in the case of a female or a person who identifies as a female, the person's breasts unless the police officer suspects on reasonable grounds that it is necessary to do so for the purposes of the search.

(13) A strip search must not involve a search of a person's body cavities or an examination of the body by touch.

(14) A strip search must not involve the removal of more clothes than the person conducting the search believes on reasonable grounds to be reasonably necessary for the purposes of the search.

(15) A strip search must not involve more visual inspection than the person conducting the search believes on reasonable grounds to be reasonably necessary for the purposes of the search.

(16) A person must be allowed to dress as soon as a search is finished.

Sch. 1 cl. 10 amended by No. 37/2014 s. 10(Sch. item 28.22).

10 Examination of clothing

A police officer may search any item of clothing of a person removed during a strip search by examining the interior and exterior of the item and by passing an electronic metal detection device over or in close proximity to the item.

11 Rules for searches of children

Sch. 1 cl. 11(1) amended by No. 37/2014 s. 10(Sch. item 28.23(a)).

(1) This clause applies if a police officer reasonably believes that a person to be searched by the police officer under clause 5 or 7 is a child.

(2) This clause does not apply to a search of a child under clause 5 that is a search by means of an electronic metal detection device.

Sch. 1 cl. 11(3) amended by Nos 42/2010 s. 19(1), 55/2025 s. 11(1)(a).

(3) A planned designation search of a child must be conducted in the presence of either of the following persons if it is practicable in the circumstances to do so—

Sch. 1 cl. 11(3)(a) amended by No. 55/2025 s. 11(1)(b).

(a) a parent or guardian of the child being searched;

Sch. 1 cl. 11(3)(b) amended by No. 55/2025 s. 11(1)(c).

(b) if the child is mature enough to express an opinion and indicates that the presence of the parent or guardian is not acceptable to the child, an independent person who is capable of representing the interests of the child and who is acceptable to the child.

(4) Subclause (3) does not apply if—

(a) a parent or guardian is not then present; and

(b) the seriousness and urgency of the circumstances require the search to be conducted without delay; and

(c) the search is conducted in the presence of an independent person who is capable of representing the interests of the child and who, as far as is practicable in the circumstances, is acceptable to the child.

Sch. 1 cl. 11(4A) inserted by No. 55/2025 s. 11(2).

(4A) In relation to a search of a child under clause 5, if it is not practicable in the circumstances for the planned designation search of a child under clause 5 to be conducted in the presence of a person referred to in subclause (3)(a) or (b), the search may be conducted in the presence of any person other than the police officer who is conducting the search on a ground specified in subclause (4B).

Sch. 1 cl. 11(4B) inserted by No. 55/2025 s. 11(2).

(4B) For the purposes of subclause (4A), the specified grounds are the following—

(a) the police officer conducting the search reasonably believes that the child is aged 15 years or more;

(b) the police officer conducting the search under clause 5 reasonably believes that—

(i) the child is under the age of 15 years; and

(ii) the seriousness and urgency of the circumstances require the search to be conducted without delay, including but not limited to, the police officer having reasonable grounds to suspect that—

(A) delaying the search is likely to result in evidence being concealed or destroyed; or

(B) an immediate search is necessary to protect the safety of a person.

Sch. 1 cl. 11(5) inserted by No. 42/2010 s. 19(2).

(5) A search (other than a planned designation search) of a child must, if practicable in the circumstances, be conducted in the presence of—

(a) a parent or guardian of the child being searched; or

Sch. 1 cl. 11(5)(b) amended by No. 37/2014 s. 10(Sch. item 28.23(b)).

(b) if it is not practicable in the circumstances for a parent or guardian of the child to be present, any person (whether or not he or she is a police officer) other than a police officer who is conducting the search.

12 Rules for searches of persons with impaired intellectual functioning

Sch. 1 cl. 12(1) amended by No. 37/2014 s. 10(Sch. item 28.24(a)).

(1) This clause applies if a police officer reasonably believes that a person to be searched by the police officer under clause 5 or 7 is a person with impaired intellectual functioning.

(2) This clause does not apply to a search under clause 5 of a person with impaired intellectual functioning if the search is by means of an electronic metal detection device.

Sch. 1 cl. 12(3) amended by Nos 42/2010 s. 20(1), 55/2025 s. 11(3).

(3) A planned designation search of a person who has impaired intellectual functioning, if it is practicable in the circumstances to do so, must be conducted in the presence of a parent or guardian of the person being searched or, if that is not acceptable to the person, in the presence of an independent person who is capable of representing the interests of the person and who is acceptable to the person.

(4) Subclause (3) does not apply if—

(a) a parent or guardian is not then present; and

(b) the seriousness and urgency of the circumstances require the search to be conducted without delay; and

(c) the search is conducted in the presence of an independent person who is capable of representing the interests of the person to be searched and who, as far as is practicable in the circumstances, is acceptable to the person.

Sch. 1 cl. 12(4A) inserted by No. 55/2025 s. 11(4).

(4A) In relation to a search under clause 5, if it is not practicable in the circumstances for the planned designation search under clause 5 of a person who has impaired intellectual functioning to be conducted in the presence of a person referred to in subclause (3), the search may be conducted in the presence of any person other than the police officer who is conducting the search on the ground specified in subclause (4B).

Sch. 1 cl. 12(4B) inserted by No. 55/2025 s. 11(4).

(4B) For the purposes of subclause (4A), the specified ground is that the police officer conducting the search reasonably believes that the seriousness and urgency of the circumstances require the search under clause 5 to be conducted without delay, including but not limited to the police officer having reasonable grounds to suspect that—

(a) delaying the search is likely to result in evidence being concealed or destroyed; or

(b) an immediate search is necessary to protect the safety of a person.

Sch. 1 cl. 12(5) inserted by No. 42/2010 s. 20(2).

(5) A search (other than a planned designation search) of a person who has impaired intellectual functioning must, if practicable in the circumstances, be conducted in the presence of—

(a) a parent or guardian of the person being searched; or

Sch. 1 cl. 12(5)(b) amended by No. 37/2014 s. 10(Sch. item 28.24(b)).

(b) if it is not practicable in the circumstances for a parent or guardian of the person to be present, any person (whether or not he or she is a police officer) other than a police officer who is conducting the search.

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Council: 26 October 1989

Legislative Assembly: 15 May 1990

The long title for the Bill for this Act was "A Bill to regulate weapons other than firearms, to repeal the Prescribed Weapons Act 1989, to amend the Crimes Act 1958, the Firearms Act 1958, the Summary Offences Act 1966 and the Vagrancy Act 1966 and for other purposes.".

The Control of Weapons Act 1990 was assented to on 5 June 1990 and came into operation on 31 August 1990: Government Gazette 29 August 1990 page 2616.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Control of Weapons Act 1990 by Acts and subordinate instruments.

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Control of Weapons (Amendment) Act 1994, No. 30/1994

| Assent Date: | 31.5.94 | | Commencement Date: | Ss 1, 2 on 31.5.94: s. 2(1); rest of Act on 30.11.94: Special Gazette (No. 92) 30.11.94 p. 1 | | Current State: | All of Act in operation |

Police and Corrections (Amendment) Act 1997, No. 26/1997

| Assent Date: | 20.5.97 | | Commencement Date: | Pt 2 (ss 3–8) on 31.12.97: Government Gazette 18.12.97 p. 3614 |

Control of Weapons (Amendment) Act 2000, No. 47/2000

| Assent Date: | 14.6.00 | | Commencement Date: | 17.12.00: Government Gazette 14.12.00 p. 2915 | | Current State: | All of Act in operation |

Forensic Health Legislation (Amendment) Act 2002, No. 7/2002

| Assent Date: | 9.4.02 | | Commencement Date: | S. 34 on 1.7.02: s. 2(3) |

Control of Weapons and Firearms Acts (Search Powers) Act 2003, No. 9/2003

| Assent Date: | 6.5.03 | | Commencement Date: | Ss 3–8 on 5.10.03: Government Gazette 2.10.03 p. 2538 |

Firearms (Further Amendments) Act 2005, No. 78/2005

| Assent Date: | 22.11.05 | | Commencement Date: | S. 67 on 1.1.06: Government Gazette 22.12.05 p. 2972 |

Education and Training Reform Act 2006, No. 24/2006

| Assent Date: | 16.5.06 | | Commencement Date: | S. 6.1.2(Sch. 7 item 9) on 1.7.07: Government Gazette 28.6.07 p. 1304 |

Control of Weapons Amendment (Penalties) Act 2007, No. 1/2007

| Assent Date: | 6.3.07 | | Commencement Date: | Ss 3, 4 on 1.7.07: s. 2(2) |

Justice Legislation Amendment Act 2007, No. 53/2007

| Assent Date: | 17.10.07 | | Commencement Date: | Ss 3(2), 4(3), 7(3)‑(5), 8(2), 9, 10(2)(4), 11 on 18.10.07: s. 2(1); s. 14 on 18.10.07: Government Gazette 18.10.07 p. 2360; ss 3(1)(3)(4), 4(1)(2), 5, 6, 7(1)(2), 8(1), 10(1)(3), 12, 13 on 8.11.07: Government Gazette 8.11.07 p. 2579 |

Justice Legislation Further Amendment Act 2009, No. 55/2009

| Assent Date: | 22.9.09 | | Commencement Date: | S. 52 on 30.10.09: Government Gazette 29.10.09 p. 2729 |

Liquor Control Reform Amendment (Licensing) Act 2009, No. 59/2009

| Assent Date: | 21.10.09 | | Commencement Date: | S. 34 on 1.1.10: Government Gazette 29.10.09 p. 2729 |

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

| Assent Date: | 24.11.09 | | Commencement Date: | S. 97(Sch. item 27) on 1.1.10: Government Gazette 10.12.09 p. 3215 |

Summary Offences and Control of Weapons Acts Amendment Act 2009, No. 92/2009

| Assent Date: | 15.12.09 | | Commencement Date: | Ss 9–13 on 16.12.09: s. 2 |

Control of Weapons Amendment Act 2010, No. 42/2010

| Assent Date: | 10.8.10 | | Commencement Date: | Ss 4, 5, 7–21 on 22.8.10: Government Gazette 19.8.10 p. 1799; s. 6 on 1.1.11: Government Gazette 19.8.10 p. 1799; s. 22 on 22.8.13: s. 2(3) |

Firearms and Other Acts Amendment Act 2010, No. 52/2010

| Assent Date: | 7.9.10 | | Commencement Date: | S. 28 on 1.11.10: Government Gazette 28.10.10 p. 2583; ss 26, 27 on 1.7.11: s. 2(2) |

Subordinate Legislation Amendment Act 2010, No. 78/2010

| Assent Date: | 19.10.10 | | Commencement Date: | S. 24(Sch. 1 item 6) on 1.1.11: s. 2(1) |

Education and Training Reform Amendment (School Safety) Act 2011, No. 11/2011

| Assent Date: | 10.5.11 | | Commencement Date: | S. 5 on 24.11.11: Special Gazette (No. 379) 22.11.11 p. 1; s. 6 on 1.1.12: s. 2(2) |

Justice Legislation Amendment (Protective Services Officers) Act 2011, No. 43/2011

| Assent Date: | 6.9.11 | | Commencement Date: | Ss 7–13 on 28.11.11: Special Gazette (No. 379) 22.11.11 p. 1 |

Control of Weapons and Firearms Acts Amendment Act 2012, No. 12/2012

| Assent Date: | 20.3.12 | | Commencement Date: | Ss 3–6 on 16.5.12: Special Gazette (No. 157) 15.5.12 p. 1 |

Police and Emergency Management Legislation Amendment Act 2012, No. 35/2012

| Assent Date: | 13.6.12 | | Commencement Date: | Ss 11–14, 17 on 16.5.12: s. 2(2); ss 15, 16 on 14.6.12 s. 2(3) |

Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012

| Assent Date: | 18.12.12 | | Commencement Date: | S. 158 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2 |

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

| Assent Date: | 3.6.14 | | Commencement Date: | S. 10(Sch. item 28) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |

Fines Reform Act 2014, No. 47/2014

| Assent Date: | 1.7.14 | | Commencement Date: | S. 254 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1 |

Justice Legislation Amendment Act 2015, No. 20/2015

| Assent Date: | 16.6.15 | | Commencement Date: | Ss 8–10 on 17.6.15: s. 2(3) |

Crimes Legislation Amendment (Public Order) Act 2017, No. 32/2017

| Assent Date: | 15.8.17 | | Commencement Date: | Ss 4–7 on 13.9.17: Special Gazette (No. 303) 12.9.17 p. 1 |

Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017, No. 45/2017

| Assent Date: | 26.9.17 | | Commencement Date: | Ss 5–11, 51 on 1.4.18: Special Gazette (No. 136) 27.3.18 p. 3 |

Firearms Amendment Act 2018, No. 2/2018

| Assent Date: | 13.2.18 | | Commencement Date: | S. 39 on 9.5.18: Special Gazette (No. 209) 8.5.18 p. 1 |

Oaths and Affirmations Act 2018, No. 6/2018

| Assent Date: | 27.2.18 | | Commencement Date: | S. 68(Sch. 2 item 27) on 1.3.19: s. 2(2) |

Firearms and Other Acts Amendment Act 2021, No. 44/2021

| Assent Date: | 26.10.21 | | Commencement Date: | S. 3 on 27.10.21: s. 2(1) |

Firearms and Control of Weapons (Machetes) Amendment Act 2024, No. 10/2024

| Assent Date: | 26.3.24 | | Commencement Date: | S. 24 on 27.3.24: s. 2(1) |

Terrorism (Community Protection) and Control of Weapons Amendment Act 2025, No. 9/2025

| Assent Date: | 25.3.25 | | Commencement Date: | Ss 55–57 on 26.3.25: s. 2(1); s. 54A on 1.9.25: Special Gazette (No. 436) 19.8.25 p. 1 |

Justice Legislation Amendment (Police and Other Matters) Act 2025, No. 55/2025

| Assent Date: | 9.12.25 | | Commencement Date: | Ss 8–11 on 10.12.25: s. 2(1) |

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3 Explanatory details

No entries at date of publication.