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A judge has ruled that a directive allowing police to conduct searches without warrants or specific cause was both unlawful and invalid.

This six-month directive, issued by Victoria Police on November 30, faced a legal challenge in the Federal Court initiated by a group of demonstrators.

The mandate designated Melbourne’s central business district and nearby suburbs as zones where law enforcement could search individuals for weapons without needing a warrant or any suspicion of illegal activity.

Additionally, police had the authority to order individuals wearing face coverings to vacate the area if it was believed they were attempting to mask their identity or shield themselves from substances like pepper spray.

On Friday, Federal Court Judge Elizabeth Bennett concluded that the declaration was both unlawful and invalid.

In her brief reasons, Justice Bennett stated Victoria Police had failed to properly consider 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 lifted prematurely on 9 January.

Victoria Police assistant commissioner Brett Curran told the court last week he lifted the order so he could consider aspects of the human rights charter.


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