New Laws Give Victorian Police Power to Search and Seize Knives Without a Warrant

Part of a collection of knives seized by police around transport hubs in the last six months is displayed at the Victoria Police Centre in Melbourne, Australia, on April 1, 2010. Julian Smith/AAP Image

Victorian police could be granted new powers to search and seize weapons without a warrant under new laws introduced to parliament by the Allan government.

The Terrorism (Community Protection) and Control of Weapons Amendment Bill 2024 was briefly discussed in the Legislative assembly on Nov. 26 and is set to return for further debate on Nov. 27.

Police Minister Anthony Carbines provided a brief explanation of the Bill to the parliament.

“This bill makes amendments to improve the effectiveness and efficiency of the voluntary case management scheme under the Terrorism (Community Protection) Act 2003,” Carbines said in parliament (pdf).

“It also amends the Control of Weapons Act 1990 to enhance community safety by enabling Victoria Police to exercise, without warrant or suspicion, unlawful weapon search powers in public places that are in areas declared by the Chief Commissioner of Police to be designated areas, and in a more flexible way, for longer periods and in expanded circumstances”

Expanded Powers to Prevent Knife Violence

Under the laws, Victorian police would have broader powers to declare and manage designated areas to prevent knife violence. These areas could include train stations, shopping centres, or events.

Currently, such declarations are limited to areas with a history of violence. The new legislation would allow police to preemptively declare designated areas based on credible intelligence suggesting violence involving knife weapons.

The reforms also broaden police search powers to include specified times before and after events, improving safety during critical periods when crowds gather and disperse.

Further, the gap between declarations will narrow from 10 days to just 12 hours, stopping potential criminals from evading police searches. In addition, police would be able to operate in a designated area for 24 hours, instead of 12 hours. This will enable police to stay at public events for longer.

Finally, the Bill replaces the requirement to publish planned designated areas in a daily Victorian newspaper with publication on the Victoria Police website.

In a media statement, the police minister explained the new laws would enable the police to stop people carrying knives.

“These new laws will give police the flexibility they’ve asked for to respond to emerging situations based on intelligence that there is a risk of violence at an event,” Carbines said.

“We’re getting knives out of the hands of criminals and off our streets. There’s no excuse for anyone to be carrying one around in everyday life, and these enhanced police powers will ensure opportunistic offenders are held to account.”

How do Knife Laws Work?

Under Victorian law, it is illegal to sell a knife to a person under the age of 18, with proof of age required.

Prohibited weapons include swords, flick knives, butterfly knives, double-ended knives, push knives, and daggers.

“You cannot purchase, use, or possess a prohibited weapon without a Chief Commissioner’s Approval or a Governor in Council Exemption. This includes possession to sell,” Victorian Police states.

“You cannot advertise or sell a prohibited weapon, to anyone, without a Chief Commissioner’s Approval or a Governor in Council Exemption.”

Police statistics released in October showed there had been more than 115,000 edged weapons seized in the past decade, including more than 10,000 in the last year—an average of 28 per day.

Knife Murderer Released from Prison for IVF Treatment

While the Liberal Opposition has yet to speak on the Bill, they have been critical of the Allan government for its handling of crime.

Shadow Police Minister Battin recently raised concerns the Premier was not focused on fixing the state’s “increasing crime rate.”

“Victorians deserve to feel safe in their homes, workplaces, and communities,” he said.

Battin has also created a petition over a separate issue involving a convicted murderer, who fatally stabbed a mum, allegedly being granted leave from prison to undertake IVF treatment. 

“Only under Labor can a convicted murderer get leave for IVF. We must say no and respect the families of the victim,” he said on Nov. 27.

“This is a disgrace, the right to IVF should have been lost when she took the life of another over $50, with a four-year-old present in the house.”

Battin has created an online petition calling on Victorian Premier Jacinta Allan and Labor to reverse this decision to respect the victim’s family.