The Control of Weapons Act 1990 gives members of Victoria Police the power to search persons and vehicles for weapons in public places in temporarily designated areas.
Weapons definitions
The Control of Weapons Act 1990 (the Act) is the framework for the control of non-firearm weapons in Victoria. The Act defines weapons and divides them into three categories.
Information on the definition of weapons and obtaining approval to possess, use, carry, manufacture, display, sell, advertise for sale or import a prohibited weapon is available in the Act and at Weapons definitions.
Designated areas
The Chief Commissioner of Police (or delegate) may declare an area to be a designated area. There are two types of designated areas: 'planned' and 'unplanned'.
Planned designated areas
The Chief Commissioner of Police (or delegate) may declare an area to be a designated area if the Chief Commissioner (or delegate) is satisfied of one of four circumstances.
Circumstance one |
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Circumstance two |
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Circumstance three |
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Circumstance four |
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Notice of this declaration must be advertised:
- on the Victoria Police website, and
- in the Government Gazette.
Unplanned designated areas
The Chief Commissioner of Police (or delegate) may declare an area to be a designated area if the Chief Commissioner (or delegate) is satisfied that:
- there is a likelihood that violence or disorder involving weapons will occur in that area during the period of intended operation of the declaration; and
- it is necessary to designate the area for the purpose of enabling police officers or protective services officers to exercise search powers to prevent or deter the occurrence of any violence or disorder that the Chief Commissioner (or delegate) is satisfied is likely to occur (the period of declaration for an unplanned designation must not exceed 24 hours).
Notice of this declaration must be advertised on the Victoria Police website.
Designated area search notice and Victoria Police powers in designated areas
If you are detained for a person or vehicle search under the Act you will be given a designated area search notice. This notice contains a map of the area which has been designated and the time period of the declaration.
The designated area search notice states the below.
Designated area search notice
Police officers and protective services officers (PSOs) are empowered to search a person and any thing in the possession or control of the person, or a vehicle, for weapons under the provisions of the Act.
You, your vehicle or your things are in a public place within a designated area.
A police officer or PSO intends to conduct a search of you or your vehicle/things.
- You are requested to co-operate with that search.
- You will be searched using an electronic wand.
- You may be requested to remove items of outer clothing such as headwear, scarves, jackets, etc.
- You may be requested to remove items from any bags or pockets.
- You may be given a “pat down” search, or further search if reasonably necessary.
It is an offence under the Act to obstruct or hinder a police officer or PSO in the exercise of a power to stop and search a person or vehicle.
Public notices
Past and upcoming Victoria Police declarations under the various statutes, and the relevant dates and locations.
Updated