Control of Weapons (Amendment) Regulations 2003 (Vic)

Control of Weapons (Amendment) Regulations

2003

ts	S.R. No. 117/2003
n
e
m
u	TABLE OF PROVISIONS
c

o Regulation Page

D	1.	Objective	1
ry	2.	Authorising provision	2
3.	Commencement	2
ta	4.	Principal Regulations	2
n	5.	Amendment to objectives of Principal Regulations	2
e	6.	Substitution of regulation 11	2

11. Application fees for approval 2

m	12.	Manner of conducting searches	3
ia	13.	Searching students at schools	4
rl	14.	Search records	5

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ENDNOTES 6

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STATUTORY RULES 2003

ts

n	S.R. No. 117/2003
e	Control of Weapons Act 1990
m
u	Control of Weapons (Amendment) Regulations
c	2003
o
D	The Governor in Council makes the following Regulations:
ry	Dated: 30 September 2003
ta
n	Responsible Minister:
e	ANDRÉ HAERMEYER
m	Minister for Police and Emergency Services
ia
rl	SUDHA KASYNATHAN
a	Acting Clerk of the Executive Council
P

1. Objective

d

n	The objective of these Regulations is to amend the
a	Control of Weapons Regulations 2000—
n	(a) to alter the application fee for an approval to
o
ti	possess, carry or use a prohibited weapon;

la	(b)	to set a lower application fee for an approval
is	to possess, carry or use a prohibited weapon
g	when the applicant holds a current firearms
e	licence;

L	(c) to set an application fee for varying a current
n	approval to possess, carry or use a prohibited
a
ri	weapon;
to	(d) to prescribe the manner in which searches

without warrant under the Act are to be

ic	conducted;
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(e) to prescribe the particulars to be included in records of those searches.

ts	2. Authorising provision
n	These Regulations are made under section 12 of
e	the Control of Weapons Act 1990.
m	3. Commencement
u
c	These Regulations come into operation on
o	5 October 2003.
D

4. Principal Regulations

ry	In these Regulations, the Control of Weapons
ta	Regulations 20001 are called the Principal
n	Regulations.
e

5. Amendment to objectives of Principal Regulations

m

ia	In regulation 1 of the Principal Regulations—
rl	(a) in paragraph (f), for "Act." substitute "Act;";
a
P	(b) after paragraph (f) insert—
d	"(g) the manner in which searches without
n	warrant under the Act are to be
a	conducted and the particulars to be
n	included in records of those searches.".
o
ti	6. Substitution of regulation 11
la	For regulation 11 of the Principal Regulations
is	substitute—
g	"11. Application fees for approval
e
L	For the purposes of section 8C(3)(c) of the
n	Act, the prescribed fee is—
a

ri	(a)	in the case of an applicant who is not the holder of a current licence issued
to	under the Firearms Act 1996, $135;

ic	(b) in the case of an applicant who is the
V	holder of a current licence issued under the Firearms Act 1996, $115;

Control of Weapons (Amendment) Regulations 2003

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(c) in the case of an application to vary an approval, $50.

ts	12. Manner of conducting searches
n	(1) A member of the police force who conducts
e	a search of a person under section 10 of the
m	Act must do so in one or more of the
u	following ways—
c

o	(a)	the member may pass an electronic
D	metal detection device over or in close
ry	proximity to the person's outer clothing;

ta (b) the member may run his or her hands

over the person's outer clothing;

n

e	(c)	the member may request the person to
m	remove his or her outer clothing and
ia	gloves, shoes and headgear so that the
rl	member may—

a	(i) pass an electronic metal detection
P	device over or in close proximity
d	to the person's clothing that was
n	immediately under his or her outer
a	clothing; or
n	(ii) run the member's hands over the
o
ti	person's clothing that was
la	immediately under his or her outer
is	clothing; or

(iii) search the person's outer clothing

g

e	and gloves, shoes and headgear in
L	accordance with sub-regulation
n	(2).
a
ri	(2) A member of the police force who conducts

a search of a vehicle, package or thing under

to	section 10 of the Act must do so in one or
ic	more of the following ways—
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(a) the member may examine the exterior and interior of the vehicle, package or

ts	thing;
n	(b) the member may pass an electronic
e	metal detection device over or in close
m	proximity to the vehicle, package or
u	thing.
c	(3) A member of the police force must conduct a
o	search of a person—
D

(a) in a manner that affords reasonable

ry	privacy to the person being searched;
ta	and
n	(b) as quickly as is reasonably practicable.
e

(4) A search under sub-regulation (1)(b) or

m

ia	(1)(c)(ii) must, if reasonably practicable, be
rl	conducted by a member of the police force
a	who is of the same sex as the person being
P	searched.
d	13. Searching students at schools
n
a	A member of the police force who conducts a search at a school of a student under the
n	age of 18 years must—
o
ti	(a) if reasonably practicable, advise the
la	student that the student may nominate
is	an adult who is on the school premises
g	to be present during the conduct of the
e	search; and
L	(b) if the student so nominates an adult,
n	take reasonable steps to ensure the adult
a
ri	is present during the conduct of the
to	search.
ic
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14. Search records

(1) For the purposes of section 10A(1) of the

ts	Act, the prescribed particulars are—
n	(a) the date of the search; and
e
(b) the time of the search; and
m
u	(c) the place where the search took place;
c	and
o
D	(d) the name, rank and registered number of the member of the police force who
ry	conducted the search; and
ta	(e) the name of the person searched and, if
n	applicable, a description of any vehicle,
e	package or thing searched; and
m
ia	(f) if applicable, the name of the
rl	nominated adult present during the
a	search at a school of a student under the
P	age of 18 years; and
d	(g) the grounds relied on for conducting the
n	search; and
a	(h) a description of any prohibited weapon,
n	controlled weapon, dangerous article or
o
ti	other article whose possession is
contrary to law that is found during the
la	search.
is	(2) If a member of the police force who
g
e	conducts a search is unable to obtain the
L	name of the person searched, the member
n	must include in the particulars a description
a	of that person.".
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Control of Weapons (Amendment) Regulations 2003

Endnotes

S.R. No. 117/2003

ENDNOTES

ts	1
n	Reg. 4: S.R. No. 130/2000.
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