Firearms (Search Powers) Regulations 2003 (Vic)

Firearms (Search Powers) Regulations 2003

ts	S.R. No. 118/2003
n
e
m	TABLE OF PROVISIONS

u	Regulation	Page
c

o	1.	Objective	1
D	2.	Authorising provision	1
ry	3.	Commencement	1
4.	Principal Regulations	2
ta	5.	Amendment to objectives of Principal Regulations	2
6.	New Part 3A inserted	2
n
e	PART 3A—SEARCHES WITHOUT WARRANT	2
m	15A.	Manner of conducting searches	2
ia	15B.	Searching students at schools	4
rl	15C.	Search records	4

═══════════════

a	ENDNOTES	6
P
d
n
a
n
o
ti
la
is
g
e
L
n
a
ri
to
ic
V

i

STATUTORY RULES 2003

ts

n	S.R. No. 118/2003
e	Firearms Act 1996
m
u	Firearms (Search Powers) Regulations 2003
c
o	The Governor in Council makes the following Regulations:
D
ry	Dated: 30 September 2003
ta	Responsible Minister:
n	ANDRÉ HAERMEYER
e	Minister for Police and Emergency Services
m
ia	SUDHA KASYNATHAN
rl	Acting Clerk of the Executive Council
a	1. Objective
P
d	The objective of these Regulations is to amend the
n	Firearms Regulations 1997—
a	(a) to prescribe the manner in which searches
n	without warrant under the Act are to be
o
ti	conducted;
la	(b) to prescribe the particulars to be included in
is	records of those searches.
g	2. Authorising provision
e	These Regulations are made under section 191 of
L	the Firearms Act 1996.
n
a	3. Commencement
ri	These Regulations come into operation on
to	5 October 2003.
ic
V

Firearms (Search Powers) Regulations 2003

r. 4

S.R. No. 118/2003

4. Principal Regulations

In these Regulations, the Firearms Regulations

ts	19971 are called the Principal Regulations.
n	5. Amendment to objectives of Principal Regulations
e
m	In regulation 1 of the Principal Regulations, after
u	paragraph (i) insert—
c	"(ia) to prescribe the manner in which searches
o	without warrant under the Act are to be
D	conducted and the particulars to be included
ry	in records of those searches; and".
ta	6. New Part 3A inserted
n	After Part 3 of the Principal Regulations insert—
e
m	"PART 3A—SEARCHES WITHOUT WARRANT
ia
rl	15A. Manner of conducting searches
a	(1) A member of the police force who conducts
P	a search of a person under section 149 of the
d	Act or an authorised officer who conducts a
n	search of a person under section 153A of the
a	Act must do so in one or more of the
n	following ways—
o

ti	(a)	the member or authorised officer may
la	pass an electronic metal detection
device over or in close proximity to the
is	person's outer clothing;
g

e	(b) the member or authorised officer may
L	run his or her hands over the person's
n	outer clothing;
a

ri	(c)	the member or authorised officer may request the person to remove his or her
to	outer clothing and gloves, shoes and
ic	headgear so that the member or
V	authorised officer may—

Firearms (Search Powers) Regulations 2003

r. 6

S.R. No. 118/2003

(i)  pass an electronic metal detection device over or in close proximity to the person's clothing that was

ts	immediately under his or her outer
n
e	clothing; or

(ii) run the member or authorised

m

u	officer's hands over the person's
c	clothing that was immediately
o	under his or her outer clothing; or
D	(iii) search the person's outer
ry	clothing and gloves, shoes and
ta	headgear in accordance with sub-
n	regulation (2).
e	(2) A member of the police force who conducts
m	a search of a vehicle, package or thing under
ia	section 149 of the Act or an authorised
rl	officer who conducts a search of a vehicle,
a	package or thing under section 153A of the
P	Act must do so in one or more of the
d	following ways—
n	(a) the member or authorised officer may
a	examine the exterior and interior of the
n	vehicle, package or thing;
o

ti	(b)	the member or authorised officer may
la	pass an electronic metal detection
device over or in close proximity to the
is	vehicle, package or thing.
g

e	(3) A member of the police force or authorised
L	officer must conduct a search of a person—
n	(a) in a manner that affords reasonable
a
ri	privacy to the person being searched;
to	and
ic	(b) as quickly as is reasonably practicable.
V

Firearms (Search Powers) Regulations 2003

r. 6

S.R. No. 118/2003

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

(1)(c)(ii) must, if reasonably practicable, be conducted by a member of the police force

ts	or by an authorised officer who is of the
n
e	same sex as the person being searched.

15B. Searching students at schools

m

u	A member of the police force who conducts
c	a search at a school of a student under the
o	age of 18 years must—
D

(a) if reasonably practicable, advise the

ry	student that the student may nominate
ta	an adult who is on the school premises
n	to be present during the conduct of the
e	search; and
m	(b) if the student so nominates an adult,
ia	take reasonable steps to ensure the adult
rl	is present during the conduct of the
a	search.
P

15C. Search records

d

n	(1) For the purposes of sections 149A(1) and
a	153B(1) of the Act, the prescribed particulars
n	are—
o
ti	(a) the date of the search; and
la	(b) the time of the search; and
is	(c) the place where the search took place;
g	and
e
L	(d) the name, rank and registered number
n	of the member of the police force or the
a	name, number and agency of the
ri	authorised officer, as the case may be,
to	who conducted the search; and

ic	(e)	the name of the person searched and, if
V	applicable, a description of any vehicle, package or thing searched; and

Firearms (Search Powers) Regulations 2003

r. 6

S.R. No. 118/2003

(f)

if applicable, the name of the search at a school of a student under the

ts	age of 18 years; and
n

e	(g)	the grounds relied on for conducting the
m	search; and

u	(h) a description of any firearm or cartridge
c	ammunition or other article whose
o	possession is contrary to law that is
D	found during the search.
ry	(2) If a member of the police force or authorised
ta	officer who conducts a search is unable to
n	obtain the name of the person searched, the
e	member or authorised officer must include in
m	the particulars a description of that person.".
ia	═══════════════
rl
a
P
d
n
a
n
o
ti
la
is
g
e
L
n
a
ri
to
ic
V

Firearms (Search Powers) Regulations 2003

Endnotes

S.R. No. 118/2003

ENDNOTES

ts	1
n	Reg. 4: S.R. No. 32/1997.
e
m
u
c
o
D
ry
ta
n
e
m
ia
rl
a
P
d
n
a
n
o
ti
la
is
g
e
L
n
a
ri
to
ic
V