Firearms (Search Powers) Regulations 2003

Victorian Legislation and Parliamentary Documents i Firearms (Search Powers) Regulations 2003 S.R. No. 118/2003 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Principal Regulations 2 5. Amendment to objectives of Principal Regulations 2 6. New Part 3A inserted 2 PART 3A—SEARCHES WITHOUT WARRANT 2 15A. Manner of conducting searches 2 15B. Searching students at schools 4 15C. Search records 4 ═══════════════ ENDNOTES 6 -- 1 of 7 -- Victorian Legislation and Parliamentary Documents 1 STATUTORY RULES 2003 S.R. No. 118/2003 Firearms Act 1996 Firearms (Search Powers) 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 Firearms Regulations 1997— (a) to prescribe the manner in which searches without warrant under the Act are to be conducted; (b) to prescribe the particulars to be included in records of those searches. 2. Authorising provision These Regulations are made under section 191 of the Firearms Act 1996. 3. Commencement These Regulations come into operation on 5 October 2003. -- 2 of 7 -- Victorian Legislation and Parliamentary Documents S.R. No. 118/2003 Firearms (Search Powers) Regulations 2003 2 4. Principal Regulations In these Regulations, the Firearms Regulations 19971 are called the Principal Regulations. 5. Amendment to objectives of Principal Regulations In regulation 1 of the Principal Regulations, after paragraph (i) insert— "(ia) to prescribe 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; and". 6. New Part 3A inserted After Part 3 of the Principal Regulations insert— "PART 3A—SEARCHES WITHOUT WARRANT 15A. Manner of conducting searches (1) A member of the police force who conducts a search of a person under section 149 of the Act or an authorised officer who conducts a search of a person under section 153A of the Act must do so in one or more of the following ways— (a) the member or authorised officer may pass an electronic metal detection device over or in close proximity to the person's outer clothing; (b) the member or authorised officer may run his or her hands over the person's outer clothing; (c) the member or authorised officer may request the person to remove his or her outer clothing and gloves, shoes and headgear so that the member or authorised officer may— r. 4 -- 3 of 7 -- Victorian Legislation and Parliamentary Documents S.R. No. 118/2003 Firearms (Search Powers) Regulations 2003 3 (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 or authorised officer'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 149 of the Act or an authorised officer who conducts a search of a vehicle, package or thing under section 153A of the Act must do so in one or more of the following ways— (a) the member or authorised officer may examine the exterior and interior of the vehicle, package or thing; (b) the member or authorised officer 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 or authorised officer 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. r. 6 -- 4 of 7 -- Victorian Legislation and Parliamentary Documents S.R. No. 118/2003 Firearms (Search Powers) Regulations 2003 4 (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 or by an authorised officer who is of the same sex as the person being searched. 15B. 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. 15C. Search records (1) For the purposes of sections 149A(1) and 153B(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 or the name, number and agency of the authorised officer, as the case may be, 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 r. 6 -- 5 of 7 -- Victorian Legislation and Parliamentary Documents S.R. No. 118/2003 Firearms (Search Powers) Regulations 2003 5 (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 firearm or cartridge ammunition or other article whose possession is contrary to law that is found during the search. (2) If a member of the police force or authorised officer who conducts a search is unable to obtain the name of the person searched, the member or authorised officer must include in the particulars a description of that person.". ═══════════════ r. 6 -- 6 of 7 -- Victorian Legislation and Parliamentary Documents S.R. No. 118/2003 Firearms (Search Powers) Regulations 2003 6 ENDNOTES 1 Reg. 4: S.R. No. 32/1997. Endnotes -- 7 of 7 --