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Control of Weapons Act 1990
10GPower to search persons in designated area
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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.