(4) The Chief Commissioner must publish a notice of the declaration of an area under this section in— (a) the Government Gazette; and (b) in a daily newspaper circulating generally in ; and (c) if the declared area is outside the metropolitan area, in a daily newspaper circulating generally within that area, if such a newspaper exists. (5) The notice must— (a) describe the designated area; and (b) include a map of the designated area; and (c) specify the powers that members of the police force are authorised to exercise in the designated area while the declaration is in force; and s. 10D S. 10D(5)(d) amended by No. 42/2010 s. 12(4). (d) specify the period or periods of operation of the declaration; and S. 10D(5)(e) inserted by No. 42/2010 s. 12(5). (e) if the declaration was made in relation to an event, specify that event. S. 10D(6) amended by No. 42/2010 s. 12(6). (6) A declaration under this section has effect for the period or periods specified in the notice which or the earliest of which must not be less than 7 days after the date of the publication of the notice in the Government Gazette. S. 10D(7) repealed by No. 42/2010 s. 12(7). * * * * *
(5) A declaration under this section has effect for the period specified in the declaration. S. 10F inserted by No. 92/2009 s. 12, amended by No. 42/2010 s. 14. 10F Delegation by Chief Commissioner s. 10F Despite section 6A(1) of the Police Regulation Act 1958, the Chief Commissioner may delegate a power under section 10D or 10E only to a member of the police force of or above the rank of Assistant Commissioner of Police. S. 10G inserted by No. 92/2009 s. 12. 10G Power to search persons in designated area (1) A member of the police force may, without a warrant, stop and search a person, and search any thing in the possession of or under the control of the person for weapons, if the person and, if applicable, the thing are in a public place that is within a designated area. (2) Schedule 1 applies to the search of a person or thing under this section. (3) A member of the police force must conduct the least invasive search that is practicable in the circumstances. (4) A member of the police force may detain a person for so long as is reasonably necessary to conduct a search under this section. S. 10H inserted by No. 92/2009 s. 12. 10H Power to search vehicles (1) A member of the police force may, without a warrant, stop and search a vehicle, and anything in or on the vehicle, for weapons if— (a) the vehicle is in a public place that is within a designated area; and (b) there is a person in or on the vehicle. (2) A member of the police force may detain a vehicle for so long as is reasonably necessary to conduct a search under this section.
(2) Except as provided in subsection (1), the rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section. S. 11A inserted by No. 53/2007 s. 13. 11A Indictable offence s. 11A An offence under section 5(1A) is an indictable offence. S. 11B inserted by No. 42/2010 s. 15. 11B Power to serve infringement notice (1) Subject to subsection (2), a member of the police force may serve an infringement notice on any person who he or she has reason to believe has committed an offence against section 6(1), (1AA) or (1A). (2) An infringement notice in respect of an offence against section 6(1), (1AA) or (1A) must not be served on a person who is under 16 years of age at the time of the alleged offence. (3) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. S. 11C inserted by No. 42/2010 s. 15. 11C Infringement penalty The amount payable for an alleged offence for which an infringement notice may be served is— (a) in the case of an offence against section 6(1)—$1000; (b) in the case of an offence against section 6(1AA)—2 penalty units; (c) in the case of an offence against section 6(1A)—$2000.
(a) unless paragraph (b) applies, the same sex as the person being searched; or (b) if the person being searched identifies as a member of a particular gender, that gender. Sch. 1 cl. 9(10) substituted by No. 42/2010 s. 18(2). (10) The strip search must not be conducted in the presence or view of a person who is not of— (a) unless paragraph (b) applies, the same sex as the person being searched; or (b) if the person being searched identifies as a member of a particular gender, that gender. (11) The strip search must not be conducted in the presence or view of a person whose presence is not necessary for the purposes of the search or the safety of the person or the members engaged in the search. Sch. 1 cl. 9(12) amended by No. 42/2010 s. 18(3). (12) The member must not search the genital area of the person searched, or in the case of a female or a person who identifies as a female, the person's breasts unless the member suspects on reasonable grounds that it is necessary to do so for the purposes of the search. (13) A strip search must not involve a search of a person's body cavities or an examination of the body by touch. Sch. 1 (14) A strip search must not involve the removal of more clothes than the person conducting the search believes on reasonable grounds to be reasonably necessary for the purposes of the search. (15) A strip search must not involve more visual inspection than the person conducting the search believes on reasonable grounds to be reasonably necessary for the purposes of the search.
Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 27) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Control of Weapons Act 1990 Summary Offences and Control of Weapons Acts Amendment Act 2009, No. 92/2009 Assent Date: 15.12.09 Commencement Date: Ss 9–13 on 16.12.09: s. 2 : This information relates only to the provision/s amending the Control of Weapons Act 1990 Control of Weapons Amendment Act 2010, No. 42/2010 Assent Date: 10.8.10 Commencement Date: Ss 4, 5, 7–21 on 22.8.10: Government Gazette 19.8.10 p. 1799; s. 6 on 1.1.11: Government Gazette 19.8.10 p. 1799 : This information relates only to the provision/s amending the Control of Weapons Act 1990 Firearms and Other Acts Amendment Act 2010, No. 52/2010 Endnotes Assent Date: 7.9.10 Commencement Date: S. 28 on 1.11.10: Government Gazette 28.10.10 p. 2583; ss 26, 27 on 1.7.11: s. 2(2) : This information relates only to the provision/s amending the Control of Weapons Act 1990 Subordinate Legislation Amendment Act 2010, No. 78/2010 Assent Date: 19.10.10 Commencement Date: S. 24(Sch. 1 item 6) on 1.1.11: s. 2(1) : This information relates only to the provision/s amending the Control of Weapons Act 1990 Education and Training Reform Amendment (School Safety) Act 2011, No. 11/2011 Assent Date: 10.5.11 Commencement Date: S. 5 on 24.11.11: Special Gazette (No. 379) 22.11.11 p. 1 : This information relates only to the provision/s amending the Control of Weapons Act 1990 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes There are no entries at date of publication.