VicPol Corporate

Footscray

Section 10I(3) Search Notice

Control of Weapons Act 1990

DECLARATION OF DESIGNATED AREA UNDER SECTION 10D(1)

The public place area depicted on the map has been declared in writing to be a “designated area” by an Assistant Commissioner of Police under s10D (1) of the Control of Weapons Act 1990 (The Act). 

Declaration of a designated area under s10D (1) of the Control of Weapons Act, 1990, incorporation Footscray Railway Station bounded by Cowper Street (North), Hopkins Street  (West), Nicholson Street (South), Napier Street (East), including all roadways and footpaths associated with the stated road and road related areas.

Footscray area of operation

That declaration is in place between 6th May 2021.

Members of the Police Force are duly empowered under the Act to conduct limited searches of persons, things in the possession of that person or under the control of that person for weapons.

You and/or the things in your possession or under your control are within that public place and designated area

A member of the police force intends to conduct a limited search of you or your things.

  • You are requested to co-operate with that search.
  • You may be requested to remove items of outer clothing such as headwear, scarves, jackets, etc.
  • You may be searched using an electronic wand.
  • You may be requested to remove items from any bags or pockets.
  • You may be given a “pat down” search.

It is an offence under the Act to obstruct or hinder a member of the Police Force in the exercise of a power to stop and search a person. 

10    Search without a warrant

(1)    If—

        (a)    a police officer has reasonable grounds for suspecting that a person is carrying or has in his or her possession in a public place a weapon        contrary to this Act; and
        (b)    the police officer informs the person of the grounds for his or her suspicion; and
        (c)    the police officer complies with subsection (3)—
the police officer may, without a warrant—
        (d)    search the person and any vehicle or thing in his or her possession or under his or her control for the weapon; and
        (e)    seize and detain any item detected during the search that the police officer reasonably suspects is a weapon.

(2)    For the purposes of subsection (1)(a), the fact that a person is present in a location with a high incidence of violent crime may be taken into account in determining whether there are reasonable grounds for suspecting that the person is carrying a weapon or has a weapon in his or her possession.

(3)    Before a police officer commences a search of a person under subsection (1), the police officer must—

       (a)    inform the person of the police officer's name, rank and place of duty; and
       (b)    if requested by the person, provide the information referred to in paragraph (a) in writing; and
       (c)    produce his or her identification for inspection by the person, unless the police officer is in uniform; and
       (d)    inform the person that the police officer intends to search the person or the vehicle or thing (as the case requires) for weapons and is empowered to do so under this Act.

(4)    Schedule 1 applies to the search of a person or thing under this section.

(5)    A police officer must conduct the least invasive search that is practicable in the circumstances.

(6)    A police officer may detain a person for so long as is reasonably necessary to conduct a search under this section.

(7)    In this section, weapon means—
      (a)    a prohibited weapon; or
      (b)    a controlled weapon; or
      (c)    a dangerous article.

Reviewed 05 May 2021

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