Children, Youth and Families Amendment (Remotely Piloted Aircraft and Helicopter Ban) Regulations 2018 (Vic)

Children, Youth and Families Amendment (Remotely Piloted Aircraft and Helicopter Ban) Regulations 2018

S.R. No. 5/2018

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Searches—persons entering, leaving or within youth justice facilities

5New regulations 34A and 34B inserted

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Endnotes

STATUTORY RULES 2018

S.R. No. 5/2018

Children, Youth and Families Act 2005

Children, Youth and Families Amendment (Remotely Piloted Aircraft and Helicopter Ban) Regulations 2018

The Governor in Council makes the following Regulations:

Dated: 30 January 2018

Responsible Minister:

JENNY MIKAKOS
Minister for Families and Children

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Children, Youth and Families Regulations 2017—

(a)to set out processes for the search of persons and vehicles outside but near a youth justice facility in relation to an offence under section 488DB(1) of the Children, Youth and Families Act 2005; and

(b)to prescribe persons who are exempt from the offence under section 488DB(1) of the Children, Youth and Families Act 2005.

2Authorising provision

These Regulations are made under section 600 of the Children, Youth and Families Act 2005.

3Commencement

These Regulations come into operation on 1 February 2018.

4Searches—persons entering, leaving or within youth justice facilities

For the heading to regulation 34 of the Children, Youth and Families Regulations 2017[1] substitute—

"Searches—persons entering, leaving or within youth justice facilities".

5New regulations 34A and 34B inserted

After regulation 34 of the Children, Youth and Families Regulations 2017 insert—

"34A   Prescribed persons allowed to operate remotely piloted aircraft or helicopter

For the purposes of section 488DB(1) of the Act, a person employed by the Department of Justice and Regulation and acting in the course of their employment is a prescribed person.

34BSearches—remotely piloted aircraft and helicopter ban

(1)For the purposes of section 488DD(6) of the Act, a search of a person must—

(a)be done by either or both—

(i)a frisk search conducted only by an officer of the same sex as the person being searched; or

(ii)a screening search; and

(b)not be conducted by more officers than reasonably necessary to ensure the safety of the officers and the person being searched.

Note

Frisk search and screening search are defined in section 482A of the Act.

(2)For the purposes of section 488DD(6) of the Act, a search of a vehicle must be conducted by an officer examining the exterior and interior of the vehicle.".

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Endnotes

[1] Reg. 4: S.R. No. 19/2017.