A declaration giving police the power to search people without a warrant or any suspicion of wrongdoing was unlawful and invalid, a judge has ruled.
The six-month declaration, made by Victoria Police on November 30, was challenged in federal court by a group of protesters.
The order listed Melbourne’s CBD and adjacent suburbs as a designated area where police could stop and search people for weapons without a warrant or any suspicion of wrongdoing.
Police may also order a person wearing a face covering to leave the area if they believe the person is trying to conceal their identity or protect themselves from substances such as pepper spray.
Federal Court Judge Elizabeth Bennett ruled on Friday that the declaration was invalid and unlawful.
In her brief reasons, Judge Bennett said Victoria Police had failed to properly comply with section 13 of the Charter of Human Rights, which protects a person’s right to privacy.
The judge’s full written reasons will be published later on Friday.
The declaration for a designated area was prematurely withdrawn on January 9.
Victoria Police Assistant Commissioner Brett Curran told the court last week he had withdrawn the order so he could consider aspects of the human rights charter.
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