The majority of the Firearms and Control of Weapons (Machetes) Amendment Bill 2024 (Vic) focuses on expanding the authority of Victoria Police to serve firearm prohibition orders (‘orders’). Additionally, the Bill aims to clarify that a machete is classified as a type of knife under the Control of Weapons Act 1990 (Vic).
Firearm Prohibition Orders
In short, if an individual refuses service of an order directly, the Bill now permits a police officer to serve the order by placing a copy of it in the individual’s presence and verbally informing them of the nature of the order. The change addresses circumstances where an individual refuses service. The current law requires that an order be personally served and does not specify alternative service if the individual refuses.
Furthermore, the amendments allow for the service of an order on a person already in custody. If a police officer is unable to personally serve the order due to being denied entry to the correctional facility or access to the individual, the order can be served by registered post to the person in detention. Additionally, the amendments empower police to apply to the court for a warrant to enter premises and serve an order on an individual.
Classification of a Machete as Type of Knife
The specification of a machete as a type of knife in the Control of Weapons Act 1990 is to eliminate any misconceptions held within the community that machetes are tools and therefore have their own separate consideration under legislation. Ultimately a machete has always been considered a knife, but this amendment brings clarity to any widespread misunderstanding.
Overall, these amendments are aimed to address community concerns regarding the misuse of weapons like machetes and ensure adequate measures to enforce prohibition orders.
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