Warantless search powers tested in legal challenge

Expanded powers allowing officers to stop and search people without a reason will be tested, with critics challenging the legality of a sweeping declaration.

Community organiser Tarneen Onus Browne and performance artist Benny Zable have filed a legal and constitutional challenge against Victoria Police's decision to declare Melbourne's CBD and surrounds a "designated area" for six months from November 30.

The declaration empowers officers to search a person or vehicle without a warrant, including asking someone to remove outer clothing or take items out of their pockets.

Police can also carry out searches using an electronic wand, or pat down.

The pair, represented by the Human Rights Law Centre, claim the legal threshold for the six-month designation across the area was not met and the decision breached Victoria's Charter of Human Rights and Responsibilities.

They also argue police powers to order the removal of face coverings at protests interfered with rights to peaceful assembly, freedom from arbitrary arrest and detention, non-discrimination, privacy and freedom of expression.

The Federal Court challenge seeks to have the designation ruled invalid and orders to remove face coverings found unconstitutional.

"This is absolutely about holding police accountable for making these sorts of extraordinary decisions and orders," Human Rights Law Centre legal director Sarah Schwartz told reporters on Monday.

Mr Zable, who has protested for more than 45 years in his 'Greedozer' costume, said he had been told to remove his mask in designated areas and was worried the expanded powers would be lead to more violence.

"Police need to be trained in de-escalation and keeping people safe, not escalating and committing violence against protesters," the 80-year-old said.

His fellow plaintiff, a January 26 Invasion Day protest organiser for the past 10 years, said the powers would "supercharge the harassment and targeting" of Indigenous people and deter people from attending Melbourne's annual Invasion Day protest.

"The Allan government and Victoria Police cannot create a zone in the middle of Melbourne where human rights are an option," the Gunditjmara, Yorta Yorta, Bindal and Meriam person said.

The centre wants the matter heard before January 26 so the day of national protest can continue without "undue police interference".

Victoria Police insists it has "zero tolerance" towards racial profiling and argues the powers assist offices to remove weapons from the streets.

The legal challenge comes after the force declared four Melbourne shopping centres designated areas as part of a 90-day operation over the festive period.

Northland, in city's north, was among the shopping centres chosen after a knife fight in May between rival gangs sent people running for their lives and led to the Victorian government to fast-track an ban on machete sales.

Police and protective services officers conducting weapons searches will be equipped with wands, offering a less invasive search option.