Police Powers to Conduct Searches in the CBD (Vic)
This article reflected the law as at 4 December 2025. Victorian police revoked the designation of the CBD in January 2026.
The Victorian police have used their powers under the Control of Weapons Act 1990 to declare the entire Melbourne CBD and surrounds a ‘designated area’ for the next six months. This means that the police will have the power to stop and search anyone within that area without a warrant for this period. This page outlines the laws that will apply, and the public responses to the announcement.
Legislation
Section 10D of the Control of Weapons Act 1990 gives the chief commissioner of police the power to declare an area a ‘designated area’ if satisfied that there has been more than one incident of violence or disorder involving the use of weapons in the last 12 months and:
- the violence or disorder is likely to recur
- the designation is necessary to allow searches to be conducted to prevent other violence or disorder from occurring
- an event is to be held in the area and violence or disorder involving the use of weapons is likely to occur.
The area that is designated must not be larger than is reasonably necessary to effectively respond to the threat. The designation must not be for a longer period than is reasonably necessary to respond to the threat.
The maximum period for which the police may designate an area under this provision is six months, under some circumstances.
Public notice
On 30 November 2025, a public notice was published announcing that the police had declared all of the CBD, including Southbank, Docklands, the sports and entertainment precinct, and parts of East and South Melbourne a designated area under this provision.
This designation is to be effective up until the 29th of May 2026.
What can the police do?
While this designation is in place, the police and protective services officers (PSOs) may approach any person within the designated area and:
- request that the person cooperate with a search
- request that the person remove outer clothing such as a jacket, scarf or headwear
- request that the person allow them to search any items within their possession — such as bags and pockets
- request that the person allow the police to search the vehicle they are in
- search the person with an electronic wand
- conduct a ‘pat down’ search of the person
- detain a person for as long as necessary to conduct the search
- request a person to remove a face covering if they believe it is being worn to concealer identity or to protect them from the effective crowd controlling substances.
The police may also direct a person to leave the area if they believe that they intend to engage in public violence.
Community responses
Lawyers and human rights groups have condemned the designation as an unjustifiable breach of human rights and personal privacy. They have also criticised the laws as likely to disproportionately impact minority groups such as Indigenous people and homeless people, and to pose a risk of racial profiling.
The powers under the Control of Weapons Act 1990 are generally used to designate a small area of public space for a short period when a public protest or event is planned. The six-month designation has been criticised as going far beyond what is necessary, both in its geographic scope and in the length of time it will be in force.
Gemma Caferella, the president of Liberty Victoria, said that the laws are an abuse of police powers which were designed ‘to be used in circumstances where there is some need above the kind of ordinary operation of society.’
She also pointed out that a report released in March showed that only one percent of warrantless searches conducted in designated areas over a two-year period resulted in illicit items being found.
The Victorian government claims that the changes are necessary to address a wave of knife crime in the area. Some members of the public have expressed support for the measures, saying they would be likely to make the CBD safer.
A police spokesperson was quoted as saying that the Victorian police are trained to avoid racial profiling in their policing practices.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.
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