COWA Flashcards
what is the definition of prohibited weapon?
An imitation firearm or
An article that is prescribed by the regulations to be a prohibited weapon
i.e taser, sword, batons, flick knife, body armour, knuckle dusters
What is the definition of imitation firearm?
Reasonably mistaken for that of an operable firearm but is incapable of discharging a shot, bullet or other missile.
Definition of controlled weapon
A knife, other than a knife that is a prohibited weapon
An article that is prescribed by the regulations to be a controlled weapon
i.e kitchen knives, speargun, fishing knife, hunting knife
Definition of dangerous article
Any other article which is carried with the intention of being used as a weapon
i.e baseball bat, screwdriver, hammer, cricket bat
Definition of possesion
actual physical possesion
custody or control
having and excercisising access either solely or in common with others
Prohited weapon offences
It is an offence (summary) to:
Possess, use or carry a prohibited weapon
Possess, use or carry an immitation firearm
Bring into Victoria or advertise for sale a prohibited weapon
It is an offence (I/O) to
Possess, use or carry a prohibited weapon, near a licenced premises (20m)
What is S8G COWA
Power to ask for production of approval of a prohibited weapon
Controlled weapon offences
It is an offence (S/O) to
Possess, carry and use a controlled weapon without lawful excuse
Posses, carry and use a controlled weapon, near a licenced premises without lawful excuse
Carry a controlled weapon that is not in a safe and secured manner
Lawful excuse
Pursuit of any lawful employment, duty or activity
i.e. chefs, tradies
Participation in any lawful sport, recreation or entertainment
i.e fishing, archery, axe throwing
Legitimate collection or display (but does not include purpose of self defence)
Dangerous article
It is an offence (S/O) to
Possess or carry a dangerous article in a public place without lawful excuse
Possess or carry a dangerous article in or near a licenced area without lawful excuse
PSO Search powers S10AA
Power to search
PSO on duty at designated place may search a person who is at or in the vacinity of the designated place for any weapon they reasonably suspect is in the person’s possession contrary to the act.
Stop and search powers person
S10GACOWA
Power to search- stop and search person
PSO’s on duty in a designated place, where the designated place falls within an designated area where police are conducting searches are also empowered under S10G to stop and search any person within their area for any weapons and also seize weapons found under S10J
Give the person a search notice
Stop and search powers vehicle
S10HCOWA
Power to search- designated area- power to search vehicles.
PSOs on duty at designate place, where the designated place falls with an designated area where police are conducting searches are also empowered under S10H to stop and search any vehicle, and anything in or on the vehicle, for weapons, if
the vehicle is in a public place that is within a designated area
there is a person in or on the vehicle
Is it an offence to hinder a search
It is an offence to obstruct or hinder P/O or PSO who is excerising a power to search under S10 COWA