Victorian Current Acts Victorian Current Acts(1) A police officer, without warrant or consent, may exercise any of the powers under subsection (2), if the exercise of the power is reasonably required to determine whether an individual to whom a firearm prohibition order applies has acquired, possesses or is carrying or using a firearm or firearm related item in contravention of section 112B or another provision of this Act.
(2) For the purposes of subsection (1), the police officer may exercise the following powers—
(a) enter and search any premises occupied by, in the care of or under the control or management of the individual, including any thing on the premises and including any vehicle, vessel or aircraft on the premises;
(b) search any vehicle, vessel or aircraft that is in the charge of the individual, or in which the individual is a passenger, wherever the vehicle, vessel or aircraft is located.
(3) A police officer may conduct an entry or a search under this section with the assistance of any other police officer.
(4) A police officer who conducts an entry
or a
search under this section may do the following—
(a) stop and detain the vehicle, vessel or aircraft being searched for so long as is reasonably necessary to conduct the search;
(b) seize any firearm or firearm related item found on the premises, vehicle, vessel or aircraft.
(5) Before a police officer commences a search of a premises, vehicle, vessel or aircraft under this section, if the individual to whom the order applies is present, the police officer must inform the individual—
S. 112Q(5)(a) amended by No. 10/2024 s. 11(a).
(a) of the registered number of the police officer allocated to the police officer by Victoria Police; and
(b) that the police officer intends to search the premises, vehicle, vessel or aircraft for any firearm or firearm related item and that the police officer is empowered to conduct the search under this Act.
(6) If it is not practicable to do give the information required to be given under subsection (5) before commencing a search because of a risk to the safety of a police officer or person involved in the search, the police officer must give the information required to be given under subsection (5) after the search is finished.
(7) If so requested by another person present at the premises, vehicle, vessel or aircraft at any time before commencing or during a search under this section, the police officer must inform the person—
S. 112Q(7)(a) amended by No. 10/2024 s. 11(b).
(a) of the registered number of the police officer allocated to the police officer by Victoria Police; and
(b) that the police officer intends to search, or is searching, the premises, vehicle, vessel or aircraft for any firearm or firearm related item and that the police officer is empowered to conduct the search under this Act.
(8) If it is not practicable to do give the information required to be given under subsection (7) before commencing a search or during a search because of a risk to the safety of a police officer or person involved in the search, the police officer must give the information required to be given under subsection (7) after the search is finished.
S. 112R inserted by No. 2/2018 s. 22.