Victoria Police ‘likely’ to reimpose stop and search powers ahead of Invasion Day rally on Australia Day

Victoria Police is expected to reinstate sweeping stop-and-search powers in Melbourne’s central business district, just days after revoking the contentious authority. This development emerged during a Federal Court hearing on Monday regarding a legal challenge against the previously revoked designation.

The police force had initially declared a designated area covering much of Melbourne’s CBD in November 2023, granting officers unprecedented authority to conduct random searches without warrants or reasonable suspicion. The powers included wanding or pat-down searches of individuals, vehicle inspections, and the authority to compel removal of face coverings or order people to leave the area.

While Victoria Police justified the measures as necessary to combat knife crime, human rights organizations and legal advocates condemned them as excessive overreach. The designation was unexpectedly revoked four months early on January 9, 2026, without official explanation.

The Federal Court challenge, brought by Invasion Day rally organizers Tarneen Onus Browne and Benny Zable alongside the Human Rights Law Centre, argues that the powers violate human rights and impede political communication freedoms. Despite the revocation, court proceedings revealed that police correspondence indicates a ‘likely’ reinstatement of similar powers in the ‘very near future’—potentially affecting planned Australia Day protests on January 26.

The case continues with Justice Elizabeth Bennett maintaining the original trial schedule, requiring Victoria Police to submit evidence by Wednesday. Both parties acknowledge the complex legal questions surrounding the compatibility of such police powers with fundamental human rights and democratic freedoms.