Weapons search areas

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

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.

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.

Police officers and protective service officers (PSOs) are empowered to search a person and anything in the possession or control of the person, or a vehicle, for weapons under the Act.

You, your vehicle or things in your possession are in a public place within a designated area. A police officer or PSO 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 direct you to leave the designated area if you refuse to remove a face covering.

A police officer may direct you to leave the designated area if they reasonably believe that you intend to engage in conduct that would constitute an affray or violent disorder under s.195H and s.195I of the Crimes Act 1958 respectively.

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 or to fail to comply with a direction to leave the designated area.