DECLARATION OF DESIGNATED AREA UNDER SECTION 10D(1)
Control of Weapons Act 1990
The Assistant Commissioner, Southern Metro Region, acting as a delegate of the Chief Commissioner of Police under section 10D(1) of the Control of Weapons Act 1990, declares as a designated area in all public places within the City of Port Phillip that is within the area bounded by and including:
Dickens Street and the Port Phillip low tide mark, to the intersection of Dickens Street and Brighton Road, to the intersection of Brighton Road and Carlisle Street, to the intersection of Carlisle Street and St Kilda Road, to the intersection of St Kilda Road and Union Street, to the intersection of Union Street and Queens Road, to the intersection of Queens Road and Lakeside Drive, to the intersection of Lakeside Drive and Ross Gregory Drive, to the intersection of Ross Gregory Drive and Aughtie Drive, to the intersection Aughtie Drive and the public path located between the Lindsay Hassett Oval and Gary Smorgan Oval, direct line from this point to the intersection of Canterbury Road and Fraser Street, to the intersection of Fraser Street and Beaconsfield Parade, from the intersection of Fraser Street and Beaconsfield Parade to the Port Phillip low tide mark, to Dickens Street and the Port Phillip low tide mark.
For the removal of doubt this area includes Luna Park, St Kilda Pier, St Kilda Marina, St Kilda Botanical Gardens, Peanut Farm Reserve, the St Kilda Foreshore Reserve and Catani Gardens. (Road has the same meaning as in section 3 of the Road Safety Act 1986).
This declaration will operate between 6:00pm Friday 31 December 2020 and 6:00am Saturday 1 January 2021.
During these times members of the police force are authorised to exercise the following powers:
(a) in a public place in the designated area, without warrant, stop and search for weapons:
(i) any person;
(ii) anything in the possession or control of the person;
(iii) any vehicle with a person in or on the vehicle; and
(iv) anything in or on such vehicle;
(b) detain a person or vehicle for so long as is reasonably necessary to conduct a search;
(c) seize and detain any item the member reasonably suspects is a weapon; and
(d) request a person who is the subject of a full search to disclose his or her identity, and
(e) direct a person to leave the designated area if the police officer reasonably believes the person is wearing the face covering primarily to
conceal their identity; or
to protect them from the effects of a crowd control substance; and
the person refuses to remove the face covering when requested to do so.
(f) direct the person to leave the designated area if the police officer reasonably believes the person intends to engage in conduct that would constitute an affray (s195H Crimes Act 1958) or violent disorder (s195I Crimes Act 1958).
(refer to map below)
Map of designated area
The public place area depicted on the map above has been declared in writing to be a “designated area” by an Assistant Commissioner of Police under s.10D or s.10E of the Control of Weapons Act 1990 (the Act).
That declaration is in place between 6:00 pm on Friday the 31st of December 2021 and 6:00 am on Saturday the 1st of January, 2022.
Police officers and protective services officers are empowered to search a person and any thing in the possession or control of the person, or a vehicle for weapons.
You, your vehicle or thing in your possession are in a public place within a designated area.
A police officer or protective services officer intends to conduct a limited search of you or your vehicle/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.
A police officer may also exercise their power under the Act to request you to remove any article covering your face or direct you to leave the designated area if you refuse to remove the face covering, or if the police officer reasonably believes that you intend to engage in conduct that would constitute an affray under s.195H, Crimes Act 1958 or violent disorder under s.195I, Crimes Act 1958.
Attention - Offence
It is an offence under the Act to:
- obstruct or hinder a police officer or protective services officer in the exercise of a power to stop and search a person.
- fail to comply with a direction given by a police officer to remove a face covering or to leave the designated area.
Reviewed 23 December 2021