10DPlanned designation of an area

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.