Control of Weapons (Amendment) Regulations 2003

Victorian Legislation and Parliamentary Documents i Control of Weapons (Amendment) Regulations 2003 S.R. No. 117/2003 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 2 3. Commencement 2 4. Principal Regulations 2 5. Amendment to objectives of Principal Regulations 2 6. Substitution of regulation 11 2 11. Application fees for approval 2 12. Manner of conducting searches 3 13. Searching students at schools 4 14. Search records 5 ═══════════════ ENDNOTES 6 -- 1 of 7 -- Victorian Legislation and Parliamentary Documents 1 STATUTORY RULES 2003 S.R. No. 117/2003 Control of Weapons Act 1990 Control of Weapons (Amendment) Regulations 2003 The Governor in Council makes the following Regulations: Dated: 30 September 2003 Responsible Minister: ANDRÉ HAERMEYER Minister for Police and Emergency Services SUDHA KASYNATHAN Acting Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Control of Weapons Regulations 2000— (a) to alter the application fee for an approval to possess, carry or use a prohibited weapon; (b) to set a lower application fee for an approval to possess, carry or use a prohibited weapon when the applicant holds a current firearms licence; (c) to set an application fee for varying a current approval to possess, carry or use a prohibited weapon; (d) to prescribe the manner in which searches without warrant under the Act are to be conducted; -- 2 of 7 -- Victorian Legislation and Parliamentary Documents S.R. No. 117/2003 Control of Weapons (Amendment) Regulations 2003 2 (e) to prescribe the particulars to be included in records of those searches. 2. Authorising provision These Regulations are made under section 12 of the Control of Weapons Act 1990. 3. Commencement These Regulations come into operation on 5 October 2003. 4. Principal Regulations In these Regulations, the Control of Weapons Regulations 20001 are called the Principal Regulations. 5. Amendment to objectives of Principal Regulations In regulation 1 of the Principal Regulations— (a) in paragraph (f), for "Act." substitute "Act;"; (b) after paragraph (f) insert— "(g) the manner in which searches without warrant under the Act are to be conducted and the particulars to be included in records of those searches.". 6. Substitution of regulation 11 For regulation 11 of the Principal Regulations substitute— "11. Application fees for approval For the purposes of section 8C(3)(c) of the Act, the prescribed fee is— (a) in the case of an applicant who is not the holder of a current licence issued under the Firearms Act 1996, $135; (b) in the case of an applicant who is the holder of a current licence issued under the Firearms Act 1996, $115; r. 2 -- 3 of 7 -- Victorian Legislation and Parliamentary Documents S.R. No. 117/2003 Control of Weapons (Amendment) Regulations 2003 3 (c) in the case of an application to vary an approval, $50. 12. Manner of conducting searches (1) A member of the police force who conducts a search of a person under section 10 of the Act must do so in one or more of the following ways— (a) the member may pass an electronic metal detection device over or in close proximity to the person's outer clothing; (b) the member may run his or her hands over the person's outer clothing; (c) the member may request the person to remove his or her outer clothing and gloves, shoes and headgear so that the member may— (i) pass an electronic metal detection device over or in close proximity to the person's clothing that was immediately under his or her outer clothing; or (ii) run the member's hands over the person's clothing that was immediately under his or her outer clothing; or (iii) search the person's outer clothing and gloves, shoes and headgear in accordance with sub-regulation (2). (2) A member of the police force who conducts a search of a vehicle, package or thing under section 10 of the Act must do so in one or more of the following ways— r. 6 -- 4 of 7 -- Victorian Legislation and Parliamentary Documents S.R. No. 117/2003 Control of Weapons (Amendment) Regulations 2003 4 (a) the member may examine the exterior and interior of the vehicle, package or thing; (b) the member may pass an electronic metal detection device over or in close proximity to the vehicle, package or thing. (3) A member of the police force must conduct a search of a person— (a) in a manner that affords reasonable privacy to the person being searched; and (b) as quickly as is reasonably practicable. (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 who is of the same sex as the person being searched. 13. Searching students at schools A member of the police force who conducts a search at a school of a student under the age of 18 years must— (a) if reasonably practicable, advise the student that the student may nominate an adult who is on the school premises to be present during the conduct of the search; and (b) if the student so nominates an adult, take reasonable steps to ensure the adult is present during the conduct of the search. r. 6 -- 5 of 7 -- Victorian Legislation and Parliamentary Documents S.R. No. 117/2003 Control of Weapons (Amendment) Regulations 2003 5 14. Search records (1) For the purposes of section 10A(1) of the Act, the prescribed particulars are— (a) the date of the search; and (b) the time of the search; and (c) the place where the search took place; and (d) the name, rank and registered number of the member of the police force who conducted the search; and (e) the name of the person searched and, if applicable, a description of any vehicle, package or thing searched; and (f) if applicable, the name of the nominated adult present during the search at a school of a student under the age of 18 years; and (g) the grounds relied on for conducting the search; and (h) a description of any prohibited weapon, controlled weapon, dangerous article or other article whose possession is contrary to law that is found during the search. (2) If a member of the police force who conducts a search is unable to obtain the name of the person searched, the member must include in the particulars a description of that person.". ═══════════════ r. 6 -- 6 of 7 -- Victorian Legislation and Parliamentary Documents S.R. No. 117/2003 Control of Weapons (Amendment) Regulations 2003 6 ENDNOTES 1 Reg. 4: S.R. No. 130/2000. Endnotes -- 7 of 7 --