Victoria Police Stop-and-Search Powers Face Federal Court Challenge Over Melbourne CBD Declaration
January 16, 2026
Victoria’s stop-and-search police powers in Melbourne’s CBD are under fire in a federal court challenge. Activists question the legality of declaring the CBD a designated area for four months, allowing police to stop and search anyone without a warrant.
The declaration was made under the Controlled Weapons Act but ended early on 9 January. It let police, including protective service officers, search people freely and demand removal of face-coverings, even if worn for political or health reasons like protection against pepper spray.
The hearing is in its second day. The assistant commissioner of Victoria police faces cross-examination.
Activists Tarneen Onus Browne, Benny Zable, and David Hack, who was stopped by police on 7 December, are challenging the powers.
Their lawyer, Thomas Wood from the Human Rights Legal Centre, said, "The Act authorises, once a declaration is made, what can only be described as, ‘extraordinary powers.’" He called the search powers and the face-covering rules major concerns.
Victoria's government counsel, Sarah Keating, accepted that forcing people to remove face-coverings can affect political communication but argued this burden was indirect and not significant.
The case looks closely at how police may balance public safety without infringing on freedom of political expression, especially when protesters cover their faces.
Read More at Theguardian →
Tags:
Victoria Police
Stop-And-Search
Melbourne Cbd
Controlled Weapons Act
Constitutional Challenge
Face Coverings
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