Firearms and Control of Weapons (Machetes) Amendment Act 2024 (Vic)

Firearms and Control of Weapons (Machetes) Amendment Act 2024

No. 10 of 2024

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Principal Act

Part 2—Amendment of Firearms Act 1996

4Definitions

5New section 4AA inserted

6General discretion of the Chief Commissioner to refuse a junior licence

7Persons who are exempt from the Part

8Provisional general category handgun licences

9Definitions for Part 4A

10Section 112I substituted and new section 112IA inserted

11Consequential amendment of section 112Q—reference to Victoria Police

12Consequential amendment of section 112R—reference to Victoria Police

13Consequential amendment of section 112S—reference to Victoria Police

14New Divisions 6, 7, 8 and 9 inserted in Part 4A

15Information to be included in annual reports

16IBAC to monitor exercise of powers etc. under Part 4A and this Part

17Request for action after monitoring

18IBAC Ministerial report

19Section 174E amended

20Section 174F substituted

21Section 174G substituted and new section 174GA inserted

22Conduct of review

23The IBAC may request that certain action be taken

Part 3—Amendment of Control of Weapons Act 1990

24Definitions

Part 4—Repeal of this Act

25Repeal of this Act

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Endnotes

1      General information

Firearms and Control of Weapons (Machetes) Amendment Act 2024

No. 10 of 2024

[Assented to 26 March 2024]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The purposes of this Act are—

(a)to amend the Firearms Act 1996 to further provide for—

(i)the service of firearm prohibition orders; and

(ii)any related and minor matters; and

(b)to amend the Control of Weapons Act 1990 to clarify that a machete is a type of knife.

2Commencement

(1)This Act, except Part 2, comes into operation on the day after the day on which it receives the Royal Assent.

(2)Subject to subsection (3), Part 2 comes into operation on a day or days to be proclaimed.

(3)If a provision of Part 2 does not come into operation before 13 November 2024, it comes into operation on that day.

3Principal Act

In this Act, the Firearms Act 1996 is called the Principal Act.

PART 2—AMENDMENT OF FIREARMS ACT 1996

4Definitions

In section 3(1) of the Principal Act insert the following definitions—

"firearm prohibition order means an order under section 112D(1);

in detention means either of the following—

(a)in detention within the meaning of the Criminal Procedure Act 2009;

(b)in immigration detention within the meaning of section 5 of the Migration Act 1958 of the Commonwealth;

parental responsibility, in relation to an individual under the age of 18 years, means all the duties, powers, responsibilities and authority which, by law or custom, parents have in relation to their children;

service direction determination means a determination made under section 112V;

service search warrant means a warrant issued under section 112ZG;

special vulnerability, in relation to a person, means that the person—

(a)is an Aboriginal person or a Torres Strait Islander; or

(b)is under the age of 18 years; or

(c)is experiencing any ill health, including any mental illness; or

(d)has a disability, including a physical disability, intellectual disability or cognitive impairment;

Victoria Police has the same meaning as in the Victoria Police Act 2013;".

5New section 4AA inserted

After section 4 of the Principal Act insert—

"4AA   Repeal of provisions regarding firearm prohibition orders

Despite anything to the contrary in the Firearms Amendment Act 2018, the following provisions are repealed on 8 May 2028—

(a)the definitions of firearm prohibition order, in detention, service direction determination, service search warrant and special vulnerability in section 3(1);

(b)Part 4A;

(c)Part 10A.".

6General discretion of the Chief Commissioner to refuse a junior licence

In section 20(1)(c) of the Principal Act, for "the parent or guardian of the applicant" substitute "a person with parental responsibility for the applicant".

7Persons who are exempt from the Part

In section 54(1A)(e) of the Principal Act—

(a)in subparagraph (i), for "a parent or guardian of the person" substitute "a person with parental responsibility for the person";

(b)in subparagraph (ii), for "of the person's parent or guardian to receive the instruction" substitute "to receive the instruction from a person with parental responsibility for the person".

8Provisional general category handgun licences

In section 58A(2)(c) of the Principal Act—

(a)in subparagraph (i), for "his or her parent or guardian" substitute "a person with parental responsibility for the applicant";

(b)in subparagraph (ii), for "the applicant's parent or guardian" substitute "a person with parental responsibility for the applicant".

9Definitions for Part 4A

In section 112A of the Principal Act—

(a)insert the following definitions—

"Victorian Aboriginal Legal Service means South East Aboriginal Justice Services Limited ACN 623 566 870, trading as Victorian Aboriginal Legal Service ABN 45 926 675 900;

Victoria Legal Aid means Victoria Legal Aid established under section 3 of the Legal Aid Act 1978.";

(b)in the definition of firearm related item, in paragraph (f), for "firearm." substitute "firearm;";

(c)the definition of firearm prohibition order is repealed.

10Section 112I substituted and new section 112IA inserted

For section 112I of the Principal Act substitute—

"112I   Service of order

(1)Subject to subsection (2) and section 112IA, a firearm prohibition order must be served in person on the individual to whom the order applies by a police officer.

(2)If an individual to whom a firearm prohibition order applies does not accept a copy of the order, the order may be served by putting a copy of the order down in the presence of the individual and telling the individual the nature of the order.

112IAService on person in detention

(1)In accordance with subsection (2), a firearm prohibition order may be served on an individual to whom it applies and who is in detention if a police officer has asked to visit the person to serve the order and the visit has been refused by—

(a)the individual; or

(b)the place at which the individual is in detention.

(2)For the purposes of subsection (1), the order may be served by sending a copy of the order by registered post addressed to the individual at the place at which the individual is in detention.".

11Consequential amendment of section 112Q—reference to Victoria Police

In section 112Q of the Principal Act—

(a)in subsection (5)(a), for "Victoria police" substitute "Victoria Police";

(b)in subsection (7)(a), for "Victoria police" substitute "Victoria Police".

12Consequential amendment of section 112R—reference to Victoria Police

In section 112R(4)(a) of the Principal Act, for "Victoria police" substitute "Victoria Police".

13Consequential amendment of section 112S—reference to Victoria Police

In section 112S(4)(a) of the Principal Act, for "Victoria police" substitute "Victoria Police".

14New Divisions 6, 7, 8 and 9 inserted in Part 4A

After Division 5 of Part 4A of the Principal Act insert—

"Division 6—Service direction determinations for firearm prohibition orders

112VPower of Chief Commissioner to make service direction determination

(1)On application by a police officer under subsection (2), the Chief Commissioner may make a determination that the powers regarding serving a firearms prohibition order set out in this Division may be exercised in relation to an individual to whom a firearm prohibition order applies.

(2)An application for a determination under subsection (1) must be in writing and supported by an affidavit sworn or affirmed by the police officer making the application.

112WConsiderations for making a service direction determination

(1)In considering whether or not to make a service direction determination the Chief Commissioner—

(a)must be reasonably satisfied that the public interest requires that the firearm prohibition order to which the determination relates must be served on the individual to whom the order applies within 28 days after the day on which application is made for the determination; and

(b)must be reasonably satisfied—

(i)that—

(A)a police officer has reasonably attempted to serve the firearm prohibition order on the individual; and

(B)before the police officer attempted service, the police officer had a reasonable basis to believe that the individual was present at the place and time that service was attempted; and

(C)that the individual is avoiding service; or

(ii)that—

(A)a police officer has made reasonable enquiries to ascertain the residential address of the individual; and

(B)Victoria Police does not have a record of a current residential address for the individual and does not otherwise have information about the whereabouts of the individual; and

(c)must be reasonably satisfied that, if the individual is under the age of 18 years, the circumstances are exceptional.

(2)The Chief Commissioner must be reasonably satisfied of the matters set out in subsection (1)(b)(i) or (ii) and, where the case so requires, subsection (1)(c), on evidence of those matters being set out in an affidavit sworn or affirmed by a police officer, including—

(a)if the police officer believed the individual was present at premises, evidence on which the belief was based; or

(b)if, in the affidavit, it is claimed that it was not possible to ascertain the residential address of the individual, evidence of the enquiries made by the police officer to ascertain the address.

112XDelegation of power to make service direction determination

The Chief Commissioner, in writing, may delegate the power to make a service direction determination to any person referred to in section 112F, including any person of a class of person referred to in section 112F.

112YExpiry of service direction determination

A service direction determination remains in force until the first of the following occurs—

(a)the day on which the firearm prohibition order is served on the person to whom the determination relates;

(b)the day specified in the determination as that on which the determination ceases to remain in force;

(c)90 days after the day on which the Chief Commissioner makes the determination.

112ZService direction determination may be made more than once

If a service direction determination expires before the firearm prohibition order to which it applies has been served, the Chief Commissioner may make another service direction determination for the service of the firearm prohibition order.

112ZAPowers as to service of orders under service direction determination

(1)If the Chief Commissioner has made a service direction determination, a police officer may—

(a)stop an individual who is in a public place and whom the police officer is reasonably satisfied is the individual to whom the determination applies; and

(b)direct the individual to give the officer the individual's name and address.

(2)A person who, in response to a direction given by a police officer under subsection (1)—

(a)refuses or fails to comply with the direction; or

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

(c)states an address other than the full and correct address of the person's ordinary place of residence or business—

is guilty of an offence and liable to a penalty of not more than 5 penalty units.

(3)A person who is guilty of an offence under subsection (2) is not liable to be charged with an offence under section 140A(2) in respect of the same conduct.

112ZBInformation to be given at the time of stopping person

At the time of stopping an individual under section 112ZA(1)(a), the police officer—

(a)must inform the individual of the effect of section 112ZC, including the police officer's powers and the individual's duties under that section; and

(b)must warn the individual—

(i)of the effect of section 112ZA(2), if the individual refuses or fails to comply with a direction under section 112ZA; and

(ii)that, if the individual refuses or fails to comply with section 112ZC, the individual may be detained; and

(c)must inform the individual of the effect of section 112ZF, if the individual is under the age of 18 years.

112ZCPower to direct individual to remain in place or go to police station or other safe place

(1)If the police officer is reasonably satisfied that a service direction determination applies to the individual on the basis of the information given under section 112ZA(1)(b), for the purpose of serving the firearm prohibition order, the police officer may—

(a)direct the individual either—

(i)to remain at the place where the individual has been stopped; or

(ii)to go to a police station or other safe place; or

(b)direct the individual to accompany the police officer to a police station or other safe place.

(2)An individual who complies with a police direction under subsection (1)(a) or (b) must remain at the place where the individual has been stopped or to which the individual has gone (as the case requires) until the first of the following occurs—

(a)the firearm prohibition order is served on the individual;

(b)the expiry of the period of 2 hours after the police officer directs the individual to stop.

(3)The police officer must serve the firearm prohibition order on the individual as soon as practicable after giving a direction under this section.

112ZDPower to detain for refusing or failing to comply with direction

(1)If an individual to whom a direction has been given under section 112ZC(1) unreasonably refuses or unreasonably fails to comply with the direction, the police officer may detain the individual for the purpose of serving the firearm prohibition order on the individual.

(2)The police officer may use the force reasonably necessary to detain an individual under subsection (1), including the force reasonably necessary to apprehend the individual to be detained.

(3)A person may be detained under subsection (1) without warrant.

112ZEPowers and duties regarding detained individual

(1)If a police officer detains an individual under section 112ZD, the police officer may—

(a)hold the individual in custody at the place at which the individual is detained for the purpose of serving the order; or

(b)transfer the individual to a police station or other safe place to be held in custody for the purpose of serving the order, if the order cannot be safely served on the individual at the place referred to in paragraph (a).

(2)At the time of detaining an individual under section 112ZD, the police officer must inform the individual—

(a)that the individual is not being detained for an offence; and

(b)that the purpose of the detention is to serve a firearm prohibition order on the individual; and

(c)of the effect of sections 112ZU, 112ZV, 112ZW and 112ZX; and

(d)if the individual is under the age of 18 years, of the effect of section 112ZF.

(3)As soon as practicable after detaining an individual under section 112ZD, the police officer must—

(a)give the individual any other prescribed information; and

(b)serve the firearm prohibition order on the individual.

112ZFRequirements regarding children

(1)As soon as practicable after giving a direction under section 112ZC(1) to an individual under the age of 18 years, the police officer must—

(a)reasonably attempt to contact a person with parental responsibility for the individual; and

(b)give the individual a reasonable opportunity to communicate with a person with parental responsibility for the individual; and

(c)reasonably attempt to contact the appropriate legal service; and

(d)give the individual a reasonable opportunity to communicate with an Australian legal practitioner from the appropriate legal service.

(2)For the purposes of subsection (1), the appropriate legal service is—

(a)the Victorian Aboriginal Legal Service, if either—

(i)the individual states (whether or not in response to a question asked by the police officer) that they are an Aboriginal person or a Torres Strait Islander; or

(ii)the police officer who took the individual into custody knows or is of the opinion that the individual is an Aboriginal person or a Torres Strait Islander; or

(b)Victoria Legal Aid, in any other case.

(3)If the police officer contacts a person with parental responsibility for the individual, the police officer must inform that person—

(a)that the individual is being directed or is in custody under this Division; and

(b)of the requirements of this Division regarding an individual to whom a firearm prohibition order applies and who is under the age of 18 years.

(4)Nothing in subsection (1) derogates from the effect of section 464FA of the Crimes Act 1958.

Division 7—Service search warrants

Subdivision 1—Issue of service search warrants

112ZGMagistrate may issue service search warrant

(1)On application under section 112ZK, a magistrate may issue a search warrant that authorises the police officer named in the warrant to do all or any of the following during the time or times specified in the warrant—

(a)break and enter any premises named or described in the warrant;

(b)search those premises for an individual to whom a firearm prohibition order applies who is named in the warrant;

(c)detain the individual, using the force reasonably necessary to do so (including the force reasonably necessary to apprehend the individual to be detained), for the purposes of serving the firearm prohibition order that applies to the individual.

(2)A police officer named in the warrant under subsection (1) may execute the warrant with any assistants the police officer considers necessary.

(3)A service search warrant must be issued in the prescribed form.

112ZHConsiderations for issue of service search warrant

(1)When issuing a service search warrant the magistrate must be satisfied that there are reasonable grounds to believe that—

(a)the individual who is to be searched for under the warrant is named in a firearm prohibition order; and

(b)the order has not been served on the individual; and

(c)a police officer has made reasonable attempts to serve the order; and

(d)the individual to whom the order applies is avoiding service of the order; and

(e)it is in the public interest that the order be served on the individual within 28 days after the warrant is issued; and

(f)issuing a service search warrant is reasonable in the circumstances; and

(g)if the individual is under the age of 18 years, the circumstances are exceptional.

(2)The magistrate must be satisfied of the matters set out in subsection (1) on evidence of those matters being given on oath or affirmation and whether orally or by affidavit.

(3)Before issuing a service search warrant, the magistrate may have regard to the following—

(a)the nature of the premises for which entry is being sought;

(b)whether the premises are a residence;

(c)whether a person with a special vulnerability is likely to be at the premises at the time of the search;

(d)any other prescribed matter;

(e)any other matter the magistrate considers relevant.

112ZIMatters to be stated in service search warrant

In addition to any other requirement, a service search warrant must state—

(a)that the warrant is a warrant to break and enter the premises named or described in the warrant for the purpose of searching for an individual to whom a firearm prohibition order applies and serving that order on the individual; and

(b)the name and date of birth of the individual to be searched for; and

(c)the premises to be searched; and

(d)any conditions to which the warrant is subject, including any prescribed conditions; and

(e)whether entry is authorised to be at any time or during stated hours; and

(f)a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect; and

(g)any other prescribed information.

112ZJApplication of section 149 and the Magistrates' Court Act 1989

(1)The provisions of the Magistrates' Court Act 1989 that apply to search warrants (other than the provisions listed in subsection (2)), apply to service search warrants to the extent that those provisions are consistent with this Act.

(2)For the purposes of subsection (1), the following provisions of the Magistrates' Court Act 1989 are listed—

(a)section 76(1)(c);

(b)section 77;

(c)section 78(1)(a)(ii) and (1)(b);

(d)section 78(2) to (7).

(3)Nothing in this Division limits the power of a police officer under section 149.

112ZKApplication for issue of service search warrant

(1)Subject to subsection (2), the Chief Commissioner may apply to a magistrate for the issue of a service search warrant if—

(a)the Chief Commissioner has made a firearm prohibition order that has not been served on the individual to whom it applies; and

(b)the Chief Commissioner reasonably believes that that individual is avoiding service of the order.

(2)An application under subsection (1) regarding an individual under the age of 18 years must be made to a magistrate within the meaning of section 3(1) of the Children, Youth and Families Act 2005.

112ZLExpiry of service search warrant

A service search warrant expires on whichever of the following occurs first—

(a)the warrant is executed;

(b)the firearm prohibition order is served on the individual to whom it applies;

(c)the day specified in the warrant for it to expire;

(d)28 days after the day on which the warrant is issued.

112ZMService search warrant may be issued more than once

If a service search warrant expires before the firearm prohibition order to which it applies has been served, the Chief Commissioner may apply for another service search warrant for the service of the firearm prohibition order.

Subdivision 2—Execution of service search warrants

112ZNConsiderations for execution of service search warrant

Before executing a service search warrant the police officer who proposes to execute the warrant must reasonably believe that the individual to whom the firearm prohibition order applies is present at the premises to be entered and searched.

112ZOAnnouncement before entry

(1)Before executing a service search warrant, the police officer named in the warrant or a person assisting must—

(a)announce that that police officer or person is authorised by warrant to enter the premises; and

(b)give any person at the premises an opportunity to allow entry to the premises.

(2)The police officer or person assisting need not comply with subsection (1) if the police officer or person assisting believes, on reasonable grounds, that immediate entry to the premises is required to ensure—

(a)the safety of any person; or

(b)that the effective execution of the search warrant is not frustrated.

112ZPCopy of warrant to be given to occupier

If the occupier or another person who apparently represents the occupier is present at the premises when a search warrant is being executed, the police officer must—

(a)produce to the person their identification as a police officer; and

(b)give the person a copy of the execution copy of the warrant.

112ZQService of service search warrant on individual found on premises

If the individual being searched for under a service search warrant is found on the premises being searched—

(a)a copy of the execution copy of the warrant must be given to the individual; and

(b)the police officer executing the warrant must serve the individual with the firearm prohibition order as soon as practicable after the individual is found on the premises.

112ZRRequirement to leave premises

(1)The police officer executing a service search warrant and any persons assisting the police officer must leave the premises being searched under the warrant immediately after—

(a)if the individual is found on the premises, the firearm prohibition order is served or the individual is detained under this Division; or

(b)if the individual cannot be found on the premises, the search for the individual is completed.

(2)Despite subsection (1)(a), nothing in this section prevents a police officer from exercising any powers under Division 5 of this Part in relation to an individual who has been served with a firearm prohibition order.

Subdivision 3—Detention of individual under service search warrant

112ZSRequirements if individual detained under warrant

(1)If a police officer detains an individual under a service search warrant for the purpose of serving a firearm prohibition order on the individual, the police officer may—

(a)hold the individual in custody at the premises; or

(b)transfer the individual to a police station or other safe place to be held in custody for the purpose of serving the order, if the order cannot be safely served on the individual at the premises.

(2)At the time of detaining an individual under a service search warrant, the police officer must inform the individual—

(a)that the individual is not being detained for an offence; and

(b)that the purpose of the detention is to serve a firearm prohibition order on the individual; and

(c)of the effect of sections 112ZU, 112ZV, 112ZW and 112ZX; and

(d)if the individual is under the age of 18 years, of the effect of section 112ZT.

(3)As soon as practicable after detaining an individual under a service search warrant, the police officer must—

(a)give the individual any other prescribed information; and

(b)serve the firearm prohibition order on the individual.

112ZTRequirements regarding children

(1)As soon as practicable after detaining an individual under the age of 18 years under a service search warrant, the police officer must—

(a)reasonably attempt to contact a person with parental responsibility for the individual; and

(b)give the individual a reasonable opportunity to communicate with a person with parental responsibility for the individual; and

(c)reasonably attempt to contact the appropriate legal service; and

(d)give the individual a reasonable opportunity to communicate with an Australian legal practitioner from the appropriate legal service.

(2)For the purposes of subsection (1), the appropriate legal service is—

(a)the Victorian Aboriginal Legal Service, if either—

(i)the individual states (whether or not in response to a question asked by the police officer) that they are an Aboriginal person or a Torres Strait Islander; or

(ii)the police officer who took the individual into custody knows or is of the opinion that the individual is an Aboriginal person or a Torres Strait Islander; or

(b)Victoria Legal Aid, in any other case.

(3)If the police officer contacts a person with parental responsibility for the individual, the police officer must inform that person—

(a)that the individual has been detained under this Division; and

(b)of the requirements of this Division regarding an individual to whom a firearm prohibition order applies and who is under the age of 18 years.

(4)Nothing in subsection (1) derogates from the effect of section 464FA of the Crimes Act 1958.

Division 8—General provisions relating to service of firearm prohibition orders

112ZUPeriod and place of holding in custody after detention

(1)An individual who is detained under Division 6 or 7 may be held in custody—

(a)until the first of the following occurs—

(i)the order is served on the individual;

(ii)the period of 2 hours after the individual is detained expires; and

(b)at—

(i)the place at which the individual was detained; or

(ii)a police station or other safe place.

(2)Despite subsection (1)(a), if a person escapes from custody and is re-detained under Division 6 or 7, the person may be held in custody for no more than 2 hours after the person's re-detention.

112ZVIndividual must not be questioned on other matters

An individual must not be questioned on a matter that does not relate to the firearm prohibition order to be served on the individual when the individual—

(a)is complying with a direction under Division 6; or

(b)is found on premises under a service search warrant; or

(c)is detained under or is in custody under Division 6 or 7.

112ZW24 hour limit on re-exercise of powers

The powers under Division 6 or 7 to stop and direct an individual under a service direction determination, search for an individual under a service search warrant and detain an individual must not be exercised in respect of an individual for 24 hours after—

(a)if the individual complied with a direction under Division 6, the individual ceased to be subject to the direction; or

(b)if the individual was found on premises under a service search warrant, the expiry of the time that the individual could be held in custody; or

(c)if the individual has been detained under Division 6 or 7 and has not escaped detention, the expiry of the time during which the individual may be held in custody after the detention; or

(d)if the individual has escaped detention under Division 6 or 7 and has been re‑detained, the expiry of the time during which the individual may be held in custody after the re-detention.

112ZXProcess on release of individual

(1)Once the individual is served with the order or the time within which the individual may be held in custody expires, the individual must be informed—

(a)that they are free to go; and

(b)if the individual is at a police station or other safe place, of the effect of subsections (2), (3) and (4) and section 112ZZD.

(2)If the individual is at a police station or other safe place, once served with the order or once the time within which the individual may be held in custody expires, the individual must be taken to a place determined under subsection (3), unless the individual refuses to be so taken.

(3)The place to which the person must be taken under subsection (2) is whichever of the following is agreed between the individual and the police officer or determined by the police officer, if there is good reason to do so—

(a)the place where the individual was located at the time of the giving of the direction, the search or the detention (as the case requires);

(b)a safe place that is near to the place referred to in paragraph (a).

(4)A police officer's determination under subsection (3) must be recorded in writing.

112ZYEffect of detention under Division 6 or 7

If an individual is detained under Division 6 or 7—

(a)section 479C(1) of the Crimes Act 1958 does not apply; and

(b)the individual is taken to be lawfully detained or in legal custody for the purposes of section 49E of the Summary Offences Act 1966.

112ZZCircumstances in which individual is facing other charges

(1)Nothing in this Part affects the power of a police officer to take an individual into custody on suspicion of committing an offence immediately after the individual is released from custody under Division 6 or 7.

(2)If an individual is taken into custody on suspicion of committing an offence immediately after being released from custody under Division 6 or 7, the time spent in custody under Division 6 or 7 must be taken into account—

(a)when determining a reasonable time under section 464A(1) of the Crimes Act 1958; and

(b)when determining any maximum police detention period under the Terrorism (Community Protection) Act 2003.

(3)Nothing in this Part affects the power of a police officer to take an individual into custody on suspicion of committing an offence immediately after the individual ceases to be subject to a direction under section 112ZC.

(4)If an individual is taken into custody on suspicion of committing an offence immediately after ceasing to be subject to a direction under section 112ZC, the time spent being subject to the direction under section 112ZC must be taken into account—

(a)when determining a reasonable time under section 464A(1) of the Crimes Act 1958; and

(b)when determining any maximum police detention period under the Terrorism (Community Protection) Act 2003.

Division 9—Record keeping

112ZZADuty to make records concerning service direction determinations

(1)Immediately on making a service direction determination, the Chief Commissioner must make a written record of that determination that sets out reasons for making the determination and any prescribed particulars.

(2)A police officer who, for the purpose of serving a firearm prohibition order, detains an individual under Division 6 or holds an individual in custody under Division 6 or 7 must make a written record of that detention or that holding in custody.

(3)A record under subsection (2) must—

(a)be made immediately after the individual is informed that they are free to go or, if that is not practicable, as soon as practicable after the individual is so informed; and

(b)contain the prescribed particulars.

112ZZBDuty to make records concerning service search warrants

(1)The Chief Commissioner must make a written record of any application for a service search warrant under Division 7.

(2)A record made under subsection (1) must include the following regarding each application—

(a)a record of the evidence given to the magistrate in support of the application (whether the evidence was given orally or by affidavit);

(b)a record of the decision made on the application by the magistrate;

(c)a copy or extract of any order made by the magistrate in the matter that is registered in—

(i)the register kept under section 18 of the Magistrates' Court Act 1989; or

(ii)the register kept under section 537 of the Children, Youth and Families Act 2005.

(3)A record under subsection (1) must be made—

(a)for information referred to in subsection (2)(a) or (b), immediately after the magistrate's decision or, if that is not practicable, as soon as practicable after the decision; or

(b)for information referred to in subsection (2)(c), as soon as practicable after the order is registered.

(4)The Chief Commissioner must make written records of the prescribed particulars regarding searches carried out under service search warrants including particulars for or with respect to—

(a)the exercise of any power or the performance of any duty or function under or in relation to service search warrants; and

(b)searches for individuals who are persons with a special vulnerability.

(5)A record under subsection (4) must be made immediately after the search is carried out or, if that is not practicable, as soon as practicable after the search is carried out.

112ZZCRecords to be given to IBAC

(1)As soon as possible after the end of each period of 3 months in any year, the Chief Commissioner must give a written report to the IBAC containing the prescribed particulars as to the records kept under this Division.

(2)On receiving a request from the IBAC to give further information contained in the records kept under this Division, the Chief Commissioner must give that information to the IBAC.

112ZZDCertain persons may request records

(1)The Chief Commissioner, on request and without charge, must provide a copy of a record made under section 112ZZA(2) to any of the following—

(a)the individual who was detained or held in custody;

(b)if the individual who was detained or held in custody was under the age of 18 years, a person with parental responsibility for the individual.

(2)The Chief Commissioner, on request and without charge, must provide a record of prescribed particulars contained in records made under section 112ZZB(4) to any of the following—

(a)the individual to whom the firearm prohibition order applied;

(b)if the individual to whom the firearm prohibition order applied was under the age of 18 years, a person with parental responsibility for the individual;

(c)any person with a legal or equitable interest in any property that was broken open, unlocked, damaged or destroyed during the execution of the warrant;

(d)the owner of the premises at which the warrant was executed;

(e)any occupier of the premises at which the warrant was executed.

(3)The particulars prescribed for the purposes of subsection (2) may vary by reference to the class of individual who requests the particulars.

(4)A request under this section must be made no later than one year after the detention, the holding in custody or the execution of the search warrant (as the case requires).".

15Information to be included in annual reports

(1)In section 172(1) of the Principal Act—

(a)after "the following information" insert "for the year to which the annual report applies";

(b)after paragraph (d) insert—

"(da)the number of firearm prohibition orders served under Division 6 of Part 4A and the number served under Division 7 of Part 4A;

(db)the number of firearm prohibition orders served on individuals under section 112IA;

(dc)the number of service direction determinations made;

(dd)the number of times that powers were exercised under service direction determinations;

(de)the number of individuals to whom directions were given under section 112ZA(1);

(df)the number of individuals to whom directions were given under section 112ZC;

(dg)the number of individuals detained under Division 6 of Part 4A and the number detained under Division 7 of Part 4A;

(dh)the number of individuals held in custody at premises under section 112ZS(1)(a) and the number transferred to a police station or other safe place under section 112ZS(1)(b);

(di)the number of service search warrants applied for, the number issued and the number executed;

(dj)the number of premises entered under service search warrants;";

(c)in paragraph (f), for "searches under Part 4A." substitute "the exercise of any power or the performance of any duty or function by the Chief Commissioner or a police officer under Part 4A;";

(d)after paragraph (f) insert—

"(g)any other prescribed information.".

(2)After section 172(1) of the Principal Act insert—

"(1A)The information required to be provided to the Minister under each of paragraphs (da) to (dj) of subsection (1) must include, as separate information, the number of individuals under the age of 18 years in respect of whom any power or duty specified in the paragraph was exercised or performed.".

(3)In section 172(2) of the Principal Act—

(a)in paragraph (b), for "the Chief Commissioner." substitute "the Chief Commissioner;";

(b)after paragraph (b) insert—

"(c)the prescribed particulars relating to the IBAC review of any matters referred to in section 173(3).".

16IBAC to monitor exercise of powers etc. under Part 4A and this Part

At the end of section 173 of the Principal Act insert—

"(2)The IBAC may monitor any of the following—

(a)any exercise of the powers of a police officer under Part 4A;

(b)any performance of the duties and functions of a police officer under Part 4A;

(c)any exercise of the powers of a person assisting a police officer in the execution of a service search warrant;

(d)any performance of the duties and functions of a police officer or a person assisting a police officer in the execution of a service search warrant.

(3)The monitoring powers conferred on the IBAC under subsections (1) and (2) regarding Divisions 6 to 9 of Part 4A include the power to monitor anything for or with respect to the following—

(a)any exercise of a power or performance of a duty or function by a police officer or a person assisting a police officer under a service direction determination or a service search warrant;

(b)any application by the Chief Commissioner for a service search warrant;

(c)service of a firearm prohibition order on a person in detention;

(d)any other matter, that the IBAC considers requires monitoring, relating to the exercise of a power or the performance of a duty or function under Part 4A or this Part by the Chief Commissioner, a police officer or a person assisting a police officer.".

17Request for action after monitoring

For section 174A(1) of the Principal Act substitute—

"(1)After carrying out any monitoring under section 173, the IBAC, in writing, may recommend to the Chief Commissioner that the Chief Commissioner take any action that the IBAC considers appropriate.".

18IBAC Ministerial report

For section 174B(1)(c) of the Principal Act substitute—

"(c)the exercise of any other powers and the performance of any other duties and functions under Part 4A, other than any powers, duties or functions of magistrates.".

19Section 174E amended

(1)For the heading to section 174E of the Principal Act substitute—

"Chief Commissioner report on Part 4A matters".

(2)For section 174E(1) of the Principal Act substitute—

"(1)As soon as possible after the end of each period of 3 months in any year the Chief Commissioner, in writing, must report to the IBAC listing the information set out in subsection (3) regarding the following—

(a)the firearm prohibition orders issued in the period;

(b)the applications for service direction determinations in the period;

(c)the service direction determinations made in the period;

(d)the applications for service search warrants in the period;

(e)the service search warrants issued in the period;

(f)the service search warrants executed in the period;

(g)the individuals detained under service search warrants;

(h)the service of firearm prohibition orders under Division 6 of Part 4A and under Division 7 of Part 4A.".

(3)In section 174E(3) of the Principal Act—

(a)in paragraph (b)(iii), for "applied for." substitute "applied for;";

(b)after paragraph (b) insert—

"(c)the number of—

(i)service direction determinations that were applied for and that were made in the period; and

(ii)service search warrants that were applied for, that were issued and that were executed in the period;

(d)regarding each application for a service direction determination, the reasons for making or not making the determination applied for;

(e)the number of times that power was exercised under service direction determinations and the circumstances in which the power was exercised;

(f)the number of premises entered under service search warrants;

(g)the number of individuals detained under Division 6 of Part 4A and the number detained under Division 7 of Part 4A;

(h)the number of firearm prohibition orders served under Division 6 of Part 4A and the number served under Division 7 of Part 4A and the circumstances in which the orders were served;

(i)regarding each individual who was the subject of the firearm prohibition order in each of the circumstances described in paragraphs (c) to (h), the following information—

(i)the name and age of the individual;

(ii)if the individual was an Aboriginal person or Torres Strait Islander, that fact;

(iii)if the individual was a person with a special vulnerability, that fact and the general nature of the special vulnerability;

(j)any other prescribed information.".

20Section 174F substituted

For section 174F of the Principal Act substitute—

"174F   The IBAC review of matters under Part 4A and this Part

(1)The IBAC, in accordance with this section, must review—

(a)the making of firearm prohibition orders; and

(b)the making of service direction determinations.

(2)A review under subsection (1) must be conducted for each 3 month period of every year, with the first period commencing on 1 January of that year.

(3)Subject to subsection (4), in each 3 month review the IBAC must review—

(a)the making of a proportion of the firearm prohibition orders made during the period under review; and

(b)the making of a proportion of the service direction determinations made during the period under review.

(4)In a 3 month review the IBAC may review every firearm prohibition order or every service direction determination if the IBAC so determines.

(5)A 3 month review may have regard to—

(a)a matter arising in a previous 3 month period if that matter is connected with a matter being reviewed for the period under review; or

(b)a firearm prohibition order or service direction determination made during a previous 3 month period if that order or determination is connected with a matter being monitored under section 173.

(6)The IBAC must determine the proportion of—

(a)the orders to be reviewed, having regard to the number of orders made during the period, the need to have a representative sample of orders made and any other relevant issues; and

(b)the determinations to be reviewed, having regard to the number of determinations made during the period, the need to have a representative sample of determinations made and any other relevant issues.".

21Section 174G substituted and new section 174GA inserted

For section 174G of the Principal Act substitute—

"174G   Preliminary processes

(1)Once the IBAC has made a determination under section 174F(6), the IBAC must give the Chief Commissioner written notice of—

(a)the firearm prohibition orders to be reviewed; and

(b)the service direction determinations to be reviewed.

(2)On receiving a notice under subsection (1), the Chief Commissioner must allow the IBAC to have access to all information on which a decision to make a firearm prohibition order or service direction determination to be reviewed was based.

174GAThe IBAC powers as to court records

Once the IBAC has made a determination under section 174F(6), in addition to the power under section 174G to access information, the IBAC may do any one or more of the following—

(a)apply to a court for any copies of records relating to any decision of the court made under or in relation to Part 4A;

(b)inspect without charge that part of the register kept under section 18 of the Magistrates' Court Act 1989 that relates to any decision of a magistrate under Part 4A;

(c)inspect without charge that part of the register kept under section 537 of the Children, Youth and Families Act 2005 that relates to any decision of a magistrate under Part 4A.".

22Conduct of review

After section 174H(2) of the Principal Act insert—

"(3)For each determination of the Chief Commissioner on an application for a service direction determination, the IBAC must review whether or not the determination should have been made having regard to the considerations in section 112W.".

23The IBAC may request that certain action be taken

In section 174I(1) of the Principal Act, for "After reviewing the issue of an order" substitute "After carrying out a review under section 174F(1)".

PART 3—AMENDMENT OF CONTROL OF WEAPONS ACT 1990

24Definitions

In section 3(1) of the Control of Weapons Act 1990, in the definition of controlled weapon, at the foot of paragraph (a) insert—

"Example

A machete is a type of knife.".

PART 4—REPEAL OF THIS ACT

25Repeal of this Act

This Act is repealed on 13 November 2025.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 8 February 2024

Legislative Council: 22 February 2024

The long title for the Bill for this Act was "A Bill for an Act to amend the Firearms Act 1996 to further provide for the service of firearm prohibition orders and for related and minor matters, to amend the Control of Weapons Act 1990 to clarify that a machete is a type of knife and for other purposes."