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This is a Bill, not an Act. For current law, see the Acts databases.

DEFENCE LEGISLATION AMENDMENT (SECURITY OF DEFENCE PREMISES) BILL 2011

2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Defence Legislation Amendment
(Security of Defence Premises) Bill 2010
No. , 2010
(Defence)
A Bill for an Act to amend the Defence Act 1903,
and for related purposes
i Defence Legislation Amendment (Security of Defence Premises) Bill 2010 No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments relating to the security of defence
premises
3
Part 1--Main amendments
3
Defence Act 1903
3
Part 2--Associated amendments
32
Australian Federal Police Act 1979
32
Defence Act 1903
32
Defence Legislation Amendment (Security of Defence Premises) Bill 2010 No. , 2010 1
A Bill for an Act to amend the Defence Act 1903,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Defence Legislation Amendment
5
(Security of Defence Premises) Act 2010.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Defence Legislation Amendment (Security of Defence Premises) Bill 2010 No. ,
2010
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if any of the provision(s) do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in Column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amendments relating to the security of defence premises Schedule 1
Main amendments Part 1
Defence Legislation Amendment (Security of Defence Premises) Bill 2010 No. , 2010
3
Schedule 1--Amendments relating to the
1
security of defence premises
2
Part 1--Main amendments
3
Defence Act 1903
4
1 After Part VI
5
Insert:
6
Part VIA--Security of defence premises
7
Division 1--Preliminary
8
71 Simplified outline
9
(1) The following is a simplified outline of this Part.
10
(2) This Division sets out the meaning of expressions used in this Part.
11
(3) Division 2 provides for matters relating to defence security
12
officials.
13
(4) Division 3 sets out the powers exercisable by defence security
14
officials with consent at defence access control points and on
15
defence premises. Subdivision B of Division 3 contains special
16
provisions relating to declared explosive ordnance depots.
17
(5) Division 4 sets out the powers exercisable by special defence
18
security officials without consent at defence access control points
19
and on defence premises, and provides for related matters,
20
including offences relating to non-compliance with requirements,
21
hindering and obstructing.
22
(6) Division 5 relates to seizure of things.
23
(7) Division 6 sets out provisions that apply generally in relation to the
24
exercise of powers under this Part, including the following:
25
(a) the production of identity cards;
26
(b) informing persons of offences;
27
Schedule 1 Amendments relating to the security of defence premises
Part 1 Main amendments
4 Defence Legislation Amendment (Security of Defence Premises) Bill 2010 No. ,
2010
(c) the use of force;
1
(d) limits on the exercise of certain powers.
2
(8) Division 7 provides for other matters, including:
3
(a) an offence of unauthorised entry on, or being on, defence
4
premises or defence accommodation; and
5
(b) the provision of information obtained by certain surveillance
6
devices to law enforcement and other agencies.
7
71A Definitions
8
(1) In this Part:
9
contracted defence security guard has the meaning given by
10
section 71B.
11
criminal offence means an offence against a law of the
12
Commonwealth, a State or a Territory.
13
declared explosive ordnance depot has the meaning given by
14
section 71L.
15
defence access control point means a point of entry to, or exit
16
from, defence premises or a part of defence premises, where entry
17
or exit is controlled or limited by any means, including but not
18
limited to control by means of:
19
(a) guarding by defence security officials; or
20
(b) physical barriers such as security screens, locked doors or
21
gates.
22
defence accommodation means any building or other structure, or
23
any place, that:
24
(a) is in Australia; and
25
(b) is used for, or in connection with, the accommodation of a
26
group of members of any part of the Defence Force.
27
defence premises means any of the following that is in Australia,
28
and is owned or occupied by the Commonwealth for use by the
29
Defence Force or the Department:
30
(a) an area of land or any other place (whether or not it is
31
enclosed or built on);
32
(b) a building or other structure;
33
Amendments relating to the security of defence premises Schedule 1
Main amendments Part 1
Defence Legislation Amendment (Security of Defence Premises) Bill 2010 No. , 2010
5
(c) a vehicle, vessel or aircraft, including any fixed or moveable
1
ramp, stairs or other means of access to, or exit from, the
2
vehicle, vessel or aircraft;
3
(d) a prohibited area, within the meaning of the Defence (Special
4
Undertakings) Act 1952.
5
defence security official means:
6
(a) a contracted defence security guard (see section 71B); or
7
(b) a security authorised member of the Defence Force (see
8
section 71C); or
9
(c) a defence security screening employee (see section 71D).
10
defence security screening employee has the meaning given by
11
section 71D.
12
intelligence or security agency means any of the following:
13
(a) the Australian Secret Intelligence Service;
14
(b) the Australian Security Intelligence Organisation;
15
(c) the Office of National Assessments.
16
limited search of a person means:
17
(a) a search of things in the possession of a person that may
18
include:
19
(i) requesting the person to remove his or her overcoat,
20
coat or jacket and any gloves, shoes and hat; and
21
(ii) an examination of any of those items that the person
22
consents to remove; or
23
(b) a search of a person conducted by quickly running the hands
24
over the person's outer garments and an examination of
25
anything worn or carried by the person that is conveniently
26
and voluntarily removed by the person;
27
but does not include requesting the person to remove all of his or
28
her garments.
29
optical surveillance device means any device capable of being
30
used to record visually or observe an activity, but does not include
31
spectacles, contact lenses or a similar device used by a person with
32
impaired sight to overcome that impairment.
33
personal information has the same meaning as in the Privacy Act
34
1988.
35
Schedule 1 Amendments relating to the security of defence premises
Part 1 Main amendments
6 Defence Legislation Amendment (Security of Defence Premises) Bill 2010 No. ,
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person assisting a defence security official has the meaning given
1
by section 72N.
2
protective service officer has the same meaning as in the
3
Australian Federal Police Act 1979.
4
search:
5
(a) of a person--has the same meaning as in section 51; and
6
(b) of a vehicle, vessel or aircraft--includes a search of a thing
7
in the vehicle, vessel or aircraft.
8
security authorised member of the Defence Force has the
9
meaning given by section 71C.
10
special defence security official means:
11
(a) a security authorised member of the Defence Force (see
12
section 71C); or
13
(b) a defence security screening employee (see section 71D).
14
vessel has the same meaning as in section 51SD.
15
(2) To avoid doubt, a thing includes a substance, a vehicle, vessel or
16
aircraft and a thing in electronic or magnetic form.
17
Division 2--Defence security officials
18
71B Contracted defence security guards
19
(1) A person is a contracted defence security guard if:
20
(a) the person is one of the following:
21
(i) a party to a contract with the Commonwealth or a
22
Commonwealth entity;
23
(ii) a subcontractor for a contract with the Commonwealth
24
or a Commonwealth entity;
25
(iii) an employee of a person referred to in subparagraph (i)
26
or (ii); and
27
(b) the contract is for, or includes, the provision of security
28
services at one or more defence premises; and
29
(c) either of the following applies:
30
(i) the person is authorised under subsection (2);
31
Amendments relating to the security of defence premises Schedule 1
Main amendments Part 1
Defence Legislation Amendment (Security of Defence Premises) Bill 2010 No. , 2010
7
(ii) the person is included in a class of persons authorised
1
under subsection (2) (including a person who becomes a
2
member of the class after the authorisation is given);
3
and
4
(d) the person satisfies the training and qualification
5
requirements determined under subsection (4).
6
(2) The Minister may, in writing, authorise a person, or a class of
7
persons, for the purposes of paragraph (1)(c).
8
(3) An authorisation made under subsection (2) is not a legislative
9
instrument.
10
(4) The Minister must, by legislative instrument, determine the
11
training and qualification requirements for contracted defence
12
security guards.
13
(5) Without limiting the training and qualification requirements that
14
may be determined in a legislative instrument under subsection (4),
15
different training and qualification requirements may apply to
16
different kinds of contracted defence security guards.
17
71C Security authorised members of the Defence Force
18
(1) A person is a security authorised member of the Defence Force if
19
the person:
20
(a) is a member of the Defence Force; and
21
(b) either of the following applies:
22
(i) the person is authorised under subsection (2);
23
(ii) the person is included in a class of persons authorised
24
under subsection (2) (including a person who becomes a
25
member of the class after the authorisation is given);
26
and
27
(c) the person satisfies the training and qualification
28
requirements determined under subsection (4).
29
(2) The Minister may, in writing, authorise a person, or a class of
30
persons, for the purposes of paragraph (1)(b).
31
(3) An authorisation made under subsection (2) is not a legislative
32
instrument.
33
Schedule 1 Amendments relating to the security of defence premises
Part 1 Main amendments
8 Defence Legislation Amendment (Security of Defence Premises) Bill 2010 No. ,
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(4) The Minister must, by legislative instrument, determine the
1
training and qualification requirements for security authorised
2
members of the Defence Force.
3
(5) Without limiting the training and qualification requirements that
4
may be determined in a legislative instrument under subsection (4):
5
(a) different training and qualification requirements may apply to
6
different kinds of security authorised members of the
7
Defence Force; and
8
(b) the Minister must determine training and qualification
9
requirements that apply to security authorised members of
10
the Defence Force in relation to the use of dogs as referred to
11
in section 72M.
12
71D Defence security screening employees
13
(1) A person is a defence security screening employee if the person:
14
(a) is an APS employee in the Department; and
15
(b) either of the following applies:
16
(i) the person is authorised under subsection (2);
17
(ii) the person is included in a class of persons authorised
18
under subsection (2) (including a person who becomes a
19
member of the class after the authorisation is given);
20
and
21
(c) the person satisfies the training and qualification
22
requirements determined under subsection (4).
23
(2) The Minister may, in writing, authorise a person, or a class of
24
persons, for the purposes of paragraph (1)(b).
25
(3) An authorisation made under subsection (2) is not a legislative
26
instrument.
27
(4) The Minister must, by legislative instrument, determine the
28
training and qualification requirements for defence security
29
screening employees.
30
(5) Without limiting the training and qualification requirements that
31
may be determined in a legislative instrument under subsection (4),
32
different training and qualification requirements may apply to
33
different kinds of defence security screening employees.
34
Amendments relating to the security of defence premises Schedule 1
Main amendments Part 1
Defence Legislation Amendment (Security of Defence Premises) Bill 2010 No. , 2010
9
71E Identity cards
1
(1) The Secretary must issue an identity card to each defence security
2
official.
3
Form of identity card
4
(2) The identity card must:
5
(a) be in the form approved in writing by the Secretary; and
6
(b) contain a recent photograph of the defence security official.
7
Offence
8
(3) A person commits an offence if:
9
(a) the person has been issued with an identity card; and
10
(b) the person ceases to be a defence security official; and
11
(c) the person does not, within 7 days of so ceasing, return the
12
person's identity card to the Secretary.
13
Penalty: 5 penalty units.
14
(4) Subsection (3) is an offence of strict liability.
15
Note:
For strict liability, see section 6.1 of the Criminal Code.
16
Defence--card lost or destroyed
17
(5) Subsection (3) does not apply if the identity card was lost or
18
destroyed.
19
Note:
A defendant bears an evidential burden in relation to the matter in this
20
subsection (see subsection 13.3(3) of the Criminal Code).
21
Defence security official must carry card
22
(6) A defence security official must carry the identity card at all times
23
when performing functions or exercising powers as a defence
24
security official.
25
Schedule 1 Amendments relating to the security of defence premises
Part 1 Main amendments
10 Defence Legislation Amendment (Security of Defence Premises) Bill 2010 No. ,
2010
71F Delegations relating to training and qualification requirements
1
Contracted defence security guards and defence security screening
2
employees
3
(1) The Minister may, by writing, delegate the Minister's power under
4
subsection 71B(4) or 71D(4) (training and qualification
5
requirements for contracted defence security guards and defence
6
security screening employees) to:
7
(a) the Secretary; or
8
(b) an APS employee who holds or performs the duties of an
9
SES Band 3 position, or an equivalent or higher position, in
10
the Department.
11
Security authorised members of the Defence Force
12
(2) The Minister may, by writing, delegate the Minister's power under
13
subsection 71C(4) (training and qualification requirements for
14
security authorised members of the Defence Force) to:
15
(a) an officer of the Army who holds the rank of Brigadier or a
16
higher rank; or
17
(b) an officer of the Navy who holds the rank of Commodore or
18
a higher rank; or
19
(c) an officer of the Air Force who holds the rank of Air
20
Commodore or a higher rank.
21
71G Delegations relating to identity cards
22
Issue of identity cards
23
(1) The Secretary may, by writing, delegate the Secretary's power
24
under subsection 71E(1) (issue of identity cards) to:
25
(a) an APS employee who holds or performs the duties of an
26
Executive Level 2 position, or an equivalent or higher
27
position, in the Department; or
28
(b) an officer of the Army who holds the rank of Colonel or a
29
higher rank; or
30
(c) an officer of the Navy who holds the rank of Captain or a
31
higher rank; or
32
(d) an officer of the Air Force who holds the rank of Group
33
Captain or a higher rank.
34
Amendments relating to the security of defence premises Schedule 1
Main amendments Part 1
Defence Legislation Amendment (Security of Defence Premises) Bill 2010 No. , 2010
11
Return of identity cards
1
(2) The Secretary may, by writing, delegate the Secretary's function
2
under paragraph 71E(3)(c) (return of identity cards) to:
3
(a) an APS employee who holds or performs the duties of an
4
APS 5 position, or an equivalent or higher position, in the
5
Department; or
6
(b) an officer of the Army who holds the rank of Captain or a
7
higher rank; or
8
(c) an officer of the Navy who holds the rank of Lieutenant or a
9
higher rank; or
10
(d) an officer of the Air Force who holds the rank of Flight
11
Lieutenant or a higher rank.
12
Division 3--Powers exercisable with consent at defence
13
access control points and on defence premises
14
Subdivision A--General provisions
15
71H Consensual identification and limited search--person about to
16
pass a defence access control point
17
Power to request identification etc.
18
(1) A defence security official may request a person who is about to
19
pass a defence access control point to provide evidence of the
20
following:
21
(a) the person's name;
22
(b) the person's residential address;
23
(c) the person's authority to pass the defence access control
24
point.
25
Power to request limited search
26
(2) A defence security official may request a person who is about to
27
pass a defence access control point to undergo a limited search.
28
Power to refuse access etc.
29
(3) A defence security official may refuse to allow a person to pass a
30
defence access control point if:
31
Schedule 1 Amendments relating to the security of defence premises
Part 1 Main amendments
12 Defence Legislation Amendment (Security of Defence Premises) Bill 2010 No. ,
2010
(a) the person refuses a request by a defence security official
1
under subsection (1) or (2); or
2
(b) as a result of the person complying with such a request, a
3
defence security official reasonably believes that the person:
4
(i) is not authorised to pass the defence access control
5
point; or
6
(ii) constitutes a threat to the safety of persons on the
7
defence premises; or
8
(iii) has committed, or may commit, a criminal offence on,
9
or in relation to, the defence premises.
10
Additional powers if person is on defence premises
11
(4) If a defence security official refuses to allow a person to pass a
12
defence access control point under subsection (3), a defence
13
security official may, if the person is on defence premises, restrain
14
and detain the person.
15
71J Consensual search--vehicle, vessel or aircraft about to pass a
16
defence access control point
17
(1) A defence security official may request a person apparently in
18
control of a vehicle, vessel or aircraft that is about to pass a
19
defence access control point to permit a search of the vehicle,
20
vessel or aircraft.
21
(2) A defence security official may refuse to allow a vehicle, vessel or
22
aircraft to pass a defence access control point if:
23
(a) a person refuses to permit a search of a vehicle, vessel or
24
aircraft requested by a defence security official under
25
subsection (1); or
26
(b) as a result of the person complying with such a request, a
27
defence security official reasonably believes that the vehicle,
28
vessel or aircraft, or a thing in it:
29
(i) is not authorised to pass the defence access control
30
point; or
31
(ii) constitutes a threat to the safety of persons on the
32
defence premises; or
33
(iii) relates to a criminal offence committed, or that may be
34
committed, on or in relation to the defence premises.
35
Amendments relating to the security of defence premises Schedule 1
Main amendments Part 1
Defence Legislation Amendment (Security of Defence Premises) Bill 2010 No. , 2010
13
Additional powers if vehicle, vessel or aircraft is on defence
1
premises
2
(3) If a defence security official refuses to allow a vehicle, vessel or
3
aircraft to pass a defence access control point under subsection (2),
4
a defence security official may, if the vehicle, vessel or aircraft is
5
on defence premises, restrain or detain any person in the vehicle,
6
vessel or aircraft.
7
71K Consensual identification--person on defence premises
8
(1) This section applies if:
9
(a) a person is on defence premises; and
10
(b) a defence security official reasonably believes that the person
11
is not authorised to be on the premises.
12
(2) The defence security official may request the person to provide
13
evidence of the following:
14
(a) the person's name;
15
(b) the person's residential address;
16
(c) the person's authority to be on the defence premises.
17
(3) A defence security official may restrain and detain a person if:
18
(a) the person refuses a request by a defence security official
19
under subsection (2); or
20
(b) as a result of the person complying with such a request, a
21
defence security official reasonably believes that the person:
22
(i) is not authorised to be on the defence premises; or
23
(ii) constitutes a threat to the safety of persons on the
24
defence premises; or
25
(iii) has committed, or may commit, a criminal offence on,
26
or in relation to, the defence premises.
27
Subdivision B--Special provisions for declared explosive
28
ordnance depots
29
71L Declared explosive ordnance depots
30
(1) A specified area of land or any other place (whether or not it is
31
enclosed or built on), or a building or other structure, is a declared
32
explosive ordnance depot if:
33
Schedule 1 Amendments relating to the security of defence premises
Part 1 Main amendments
14 Defence Legislation Amendment (Security of Defence Premises) Bill 2010 No. ,
2010
(a) the area of land or the place, building or structure is specified
1
in an instrument in force under subsection (2); and
2
(b) signs stating that it is a condition of entry to the area of land
3
or the place, building or structure that a person consent to
4
undergo searches as provided by this Subdivision are
5
prominently displayed:
6
(i) at the entrance to the area of land or the place, building
7
or structure; and
8
(ii) at regular intervals around the perimeter of the area of
9
land or the place, building or structure.
10
(2) The Minister may, by legislative instrument, specify an area of
11
land or any other place (whether or not it is enclosed or built on),
12
or a building or other structure if:
13
(a) the area of land or the place, building or structure is defence
14
premises used wholly or partly for the storage of explosive
15
ordnance; and
16
(b) members of the Defence Force are not normally present at
17
the area of land or the place, building or structure.
18
(3) An instrument under subsection (2) may specify more than one
19
area of land, place, building or structure.
20
(4) Each area of land, place, building or structure specified in an
21
instrument under subsection (2) must be specified by reference to
22
one of the following:
23
(a) its geographical location;
24
(b) a unique code or number.
25
(5) If an area of land or a place, building or structure is specified by a
26
unique code or number as mentioned in paragraph (4)(b), the code
27
or number must correspond with a code or number that is held in
28
the records of the Department as a code or number applicable to
29
that area of land or that place, building or structure.
30
71M Consensual search--person on a declared explosive ordnance
31
depot
32
(1) A contracted defence security guard may request a person who is
33
on a declared explosive ordnance depot to undergo a limited
34
search.
35
Amendments relating to the security of defence premises Schedule 1
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Defence Legislation Amendment (Security of Defence Premises) Bill 2010 No. , 2010
15
(2) A contracted defence security guard may restrain and detain a
1
person if:
2
(a) the person refuses a request by a contracted defence security
3
guard under subsection (1); or
4
(b) as a result of the person complying with such a request, a
5
contracted defence security guard reasonably believes that
6
the person:
7
(i) is not authorised to be on the declared explosive
8
ordnance depot; or
9
(ii) constitutes a threat to the safety of persons on the
10
defence explosive ordnance depot; or
11
(iii) has committed, or may commit, a criminal offence on,
12
or in relation to, the defence explosive ordnance depot.
13
71N Consensual search--vehicle, vessel or aircraft on a declared
14
explosive ordnance depot
15
(1) A contracted defence security guard may request a person
16
apparently in control of a vehicle, vessel or aircraft that is on a
17
declared explosive ordnance depot to permit a search of the
18
vehicle, vessel or aircraft.
19
(2) A contracted defence security guard may restrain and detain any
20
person in the vehicle, vessel or aircraft if:
21
(a) a person refuses to permit a search of the vehicle, vessel or
22
aircraft requested under subsection (1); or
23
(b) as a result of a person complying with such a request, a
24
contracted defence security guard reasonably believes that
25
the vehicle, vessel or aircraft, or a thing in it:
26
(i) is not authorised to be on the declared explosive
27
ordnance depot; or
28
(ii) constitutes a threat to the safety of persons on the
29
declared explosive ordnance depot; or
30
(iii) relates to a criminal offence committed, or that may be
31
committed, on or in relation to the declared explosive
32
ordnance depot.
33
Schedule 1 Amendments relating to the security of defence premises
Part 1 Main amendments
16 Defence Legislation Amendment (Security of Defence Premises) Bill 2010 No. ,
2010
71P Powers additional to other powers
1
To avoid doubt, this Subdivision does not limit any other power of
2
a contracted defence security guard under this Part.
3
Subdivision C--Offences
4
71Q Offences--search powers exercised without consent
5
(1) A defence security official commits an offence if:
6
(a) the defence security official conducts a limited search of a
7
person purportedly under this Division; and
8
(b) the person did not consent to the search.
9
Penalty: 50 penalty units.
10
(2) A defence security official commits an offence if:
11
(a) the defence security official conducts a search of a vehicle,
12
vessel or aircraft purportedly under this Division; and
13
(b) the person apparently in control of the vehicle, vessel or
14
aircraft did not consent to the search.
15
Penalty: 30 penalty units.
16
Division 4--Powers exercisable without consent at defence
17
access control points and on defence premises
18
71R Non-consensual identification and search--person about to pass
19
a defence access control point
20
Power to require identification etc.
21
(1) A special defence security official may require a person who is
22
about to pass a defence access control point to provide evidence of
23
the following:
24
(a) the person's name;
25
(b) the person's residential address;
26
(c) the person's authority to pass the defence access control
27
point.
28
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17
Power to search at defence access control point on defence
1
premises
2
(2) A special defence security official may search a person who is
3
about to pass a defence access control point on defence premises.
4
Note:
If the defence access control point is not on defence premises, a
5
defence security official may request the person to undergo a search
6
under Division 3.
7
Power to refuse access etc.
8
(3) A special defence security official may refuse to allow a person to
9
pass a defence access control point if:
10
(a) the person refuses to comply with a requirement imposed by
11
a special defence security official under subsection (1); or
12
(b) the person hinders or obstructs a search of the person by a
13
special defence security official under subsection (2); or
14
(c) as a result of the person complying with such a requirement
15
or undergoing such a search, a special defence security
16
official reasonably believes that the person:
17
(i) is not authorised to pass the defence access control
18
point; or
19
(ii) constitutes a threat to the safety of persons on the
20
defence premises; or
21
(iii) has committed, or may commit, a criminal offence on,
22
or in relation to, the defence premises.
23
Additional powers if person is on defence premises
24
(4) If a special defence security official refuses to allow a person to
25
pass a defence access control point under subsection (3), a special
26
defence security official may, if the person is on defence premises:
27
(a) restrain and detain the person; or
28
(b) request the person to leave the defence premises and, if he or
29
she refuses, remove the person from the defence premises.
30
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71S Non-consensual search--vehicle, vessel or aircraft about to pass
1
a defence access control point
2
Power to search vehicles, vessels or aircraft
3
(1) A special defence security official may search a vehicle, vessel or
4
aircraft that is about to pass a defence access control point on
5
defence premises.
6
Note:
If the defence access control point is not on defence premises, a
7
defence security official may request a search under Division 3.
8
(2) A special defence security official may refuse to allow a vehicle,
9
vessel or aircraft to pass a defence access control point if:
10
(a) a person hinders or obstructs a search of the vehicle, vessel or
11
aircraft conducted by a special defence security official under
12
subsection (1); or
13
(b) as a result of a search conducted under subsection (1), the
14
official reasonably believes that the vehicle, vessel or
15
aircraft, or a thing in it:
16
(i) is not authorised to pass the defence access control
17
point; or
18
(ii) constitutes a threat to the safety of persons on the
19
defence premises; or
20
(iii) relates to a criminal offence committed, or that may be
21
committed, on or in relation to the defence premises.
22
Additional powers if vehicle, vessel or aircraft is on defence
23
premises
24
(3) If a special defence security official refuses to allow a vehicle,
25
vessel or aircraft to pass a defence access control point under
26
subsection (2), a special defence security official may, if the
27
vehicle, vessel or aircraft is on defence premises, restrain and
28
detain any person in the vehicle, vessel or aircraft.
29
Note:
For other powers in relation to persons in a vehicle, vessel or aircraft
30
see section 71R.
31
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71T Non-consensual identification and search--person on defence
1
premises
2
When section applies
3
(1) This section applies if:
4
(a) a person is on defence premises; and
5
(b) a special defence security official reasonably believes that the
6
person:
7
(i) is not authorised to be on the premises; or
8
(ii) constitutes a threat to the safety of persons on the
9
defence premises; or
10
(iii) has committed, or may commit, a criminal offence on,
11
or in relation to, the premises.
12
Power to require identification etc.
13
(2) A special defence security official may require the person to
14
provide evidence of the following:
15
(a) the person's name;
16
(b) the person's residential address;
17
(c) the person's authority to be on the defence premises.
18
Power to search
19
(3) A special defence security official may search the person.
20
Power to restrain and detain, remove etc.
21
(4) A special defence security official may:
22
(a) restrain and detain the person; or
23
(b) request the person to leave the defence premises and if he or
24
she refuses, remove the person from the defence premises.
25
71U Non-consensual search--vehicle, vessel or aircraft on defence
26
premises
27
When section applies
28
(1) This section applies if:
29
(a) a vehicle, vessel or aircraft is on defence premises; and
30
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(b) a special defence security official reasonably believes that the
1
vehicle, vessel or aircraft:
2
(i) is not authorised to be on the premises; or
3
(ii) constitutes a threat to the safety of persons on the
4
defence premises; or
5
(iii) relates to a criminal offence committed, or that may be
6
committed, on or in relation to the defence premises.
7
Power to search
8
(2) A special defence security official may search the vehicle, vessel
9
or aircraft.
10
Power to restrain and detain
11
(3) A special defence security official may restrain and detain any
12
person in the vehicle, vessel or aircraft.
13
71V Offence--refusing to provide evidence etc. required under this
14
Division
15
A person commits an offence if:
16
(a) a special defence security official requires the person to
17
provide evidence under this Division; and
18
(b) section 72B (which deals with the production of identity
19
cards, etc.) was complied with in relation to the requirement;
20
and
21
(c) the person refuses or fails to provide the evidence, or gives a
22
name or address that is false in a material particular; and
23
(d) the person is on defence premises.
24
Penalty: 20 penalty units.
25
Note:
An offence under this section is a protective service offence for the
26
purposes of the Australian Federal Police Act 1979.
27
71W Offence--hindering or obstructing a search under this Division
28
A person commits an offence if the person hinders or obstructs a
29
search under this Division, and:
30
(a) if paragraphs 72B(3)(a) and (b) apply in relation to the
31
search--at the time the person hindered or obstructed the
32
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21
search, the special defence security official who conducted
1
the search had done the things referred to in subparagraphs
2
72B(3)(c)(i) and (ii); or
3
(b) otherwise--subsection 72B(2) was complied with in relation
4
to the search.
5
Penalty: 50 penalty units.
6
Note 1:
An offence under this section is a protective service offence for the
7
purposes of the Australian Federal Police Act 1979.
8
Note 2:
Subsections 72B(2) and (3) deal with the production of identity cards
9
before conducting a search.
10
71X Security authorised members of the Defence Force may
11
respond to attack
12
(1) This section applies if:
13
(a) an attack on defence premises is occurring or is imminent;
14
and
15
(b) the attack is likely to, or is intended to, result in the death of
16
or serious injury to one or more persons on the defence
17
premises.
18
(2) Subject to sections 72G and 72H, a security authorised member of
19
the Defence Force may take action on defence premises to protect
20
persons from the attack.
21
Note:
Section 72G provides that defence security officials may use
22
reasonable and necessary force in exercising powers under this Part.
23
Section 72H provides that security authorised members of the Defence
24
Force may, in limited circumstances involving an attack, do a thing
25
that is likely to cause the death of, or grievous bodily harm to, another
26
person. Other defence security officials are not so authorised (see
27
subsection 72G(2)).
28
71Y Power to stop and detain
29
A special defence security official may stop and detain a person, or
30
a vehicle, vessel or aircraft, for the purposes of exercising a power
31
under this Division:
32
(a) to require the person to provide evidence of particular
33
matters; or
34
(b) to search the person or the vehicle, vessel or aircraft.
35
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71Z Powers are in addition to powers under this Part
1
To avoid doubt, a power conferred upon a special defence security
2
official under this Division may be exercised in addition to a power
3
conferred on the special defence security official under another
4
Division of this Part.
5
Division 5--Seizure
6
72 Power to seize things on defence premises
7
(1) A special defence security official may seize a thing (including a
8
vehicle, vessel or aircraft or an unattended thing) on defence
9
premises, or a thing found as a result of a search (including a
10
limited search) under this Part, if the official believes on
11
reasonable grounds that the thing may:
12
(a) constitute a threat to the safety of a person on the defence
13
premises; or
14
(b) relate to a criminal offence committed, or that may be
15
committed, on or in relation to the defence premises.
16
(2) If a special defence security official seizes a thing under
17
subsection (1):
18
(a) a security authorised member of the Defence Force may take
19
such action as is reasonable and necessary to make the thing
20
safe or prevent the thing being used; and
21
(b) if the official seized the thing from a person--a special
22
defence security official must, if it is practicable to do so,
23
give the person a receipt for the thing; and
24
(c) if the official believes on reasonable grounds that the thing
25
has been used or otherwise involved in the commission of a
26
criminal offence--a special defence security official must
27
give the thing to a member or special member of the
28
Australian Federal Police or a member of the police force of
29
a State or Territory at the earliest practicable time; and
30
(d) if paragraph (c) does not apply:
31
(i) if the official seized the thing from a person and it is
32
practicable to do so--a special defence security official
33
must return the thing to the person within 7 days; or
34
(ii) otherwise--a special defence security official must give
35
it to a member or special member of the Australian
36
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23
Federal Police or a member of the police force of a State
1
or Territory at the earliest practicable time.
2
Division 6--Matters relating to exercise of powers under
3
Part
4
72A Certain powers to be exercised only by security authorised
5
members of the Defence Force unless not reasonably
6
practicable
7
A power conferred upon a special defence security official under
8
Division 4 (powers exercisable without consent) or Division 5
9
(seizure powers) may be exercised by a defence security screening
10
employee only if it is not reasonably practicable in all the
11
circumstances for the power to be exercised by a security
12
authorised member of the Defence Force.
13
72B Defence security officials must produce identity cards, etc.
14
Production of identity card before making request or requirement
15
(1) A defence security official is not entitled to make a request or
16
requirement of a person under this Part unless, before making the
17
request or requirement:
18
(a) the defence security official produces his or her identity card
19
for inspection by the person; and
20
(b) the person is informed of the effect of refusal by the person
21
to comply with the request or requirement.
22
Production of identity card before search
23
(2) Subject to subsection (3), a defence security official is not entitled
24
to conduct a search (including a limited search) of a person, or a
25
vehicle, vessel or aircraft apparently under the control of a person,
26
under this Part unless, before conducting the search:
27
(a) the defence security official produces his or her identity card
28
for inspection by the person; and
29
(b) if the search is under Division 4 (powers exercisable without
30
consent)--the person is informed of the effect of hindering or
31
obstructing the search.
32
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(3) A defence security official is not required to comply with
1
subsection (2) before conducting a search of a person, or of a
2
vehicle, vessel or aircraft apparently under the control of a person,
3
if:
4
(a) the search is conducted under subsection 71R(2), 71S(1),
5
71T(3) or 71U(2); and
6
(b) a defence security official reasonably believes that the
7
person, or the vehicle, vessel or aircraft, constitutes a threat
8
to the safety of persons on the defence premises concerned;
9
and
10
(c) as soon as practicable while conducting, or after conducting,
11
the search:
12
(i) the defence security official who is conducting, or has
13
conducted, the search produces his or her identity card
14
for inspection by the person; and
15
(ii) the person is informed of the effect of hindering or
16
obstructing the search.
17
Production of identity card before removal of a person
18
(4) A defence security official is not entitled to exercise powers under
19
this Part to remove a person from defence premises unless, before
20
exercising the power, the official produces his or her identity card
21
for inspection by the person.
22
Production of identity card as soon as practicable after detaining a
23
person
24
(5) A defence security official is not entitled to restrain and detain, or
25
stop and detain, a person under this Part unless, as soon as
26
practicable after restraining and detaining, or stopping and
27
detaining, the person, the official produces his or her identity card
28
for inspection by the person.
29
72C Persons to be informed of offence
30
(1) A defence security official who, in accordance with this Part,
31
exercises a power on the basis that the official reasonably believes
32
that a person has committed, or may commit, a criminal offence
33
must inform the person of the offence.
34
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25
(2) It is sufficient if the person is informed of the substance of the
1
offence, and it is not necessary that this be done in language of a
2
precise or technical nature.
3
(3) Subsection (1) does not apply if:
4
(a) the person should, in the circumstances, know the substance
5
of the offence; or
6
(b) the person's actions make it impracticable for the defence
7
security official to inform the person of the offence.
8
72D Conduct of searches and limited searches
9
A search or a limited search of a person under this Part must, if
10
practicable, be conducted by a person of the same sex as the person
11
being searched.
12
72E Use of equipment to examine things etc.
13
For the purposes of conducting a search or a limited search of a
14
person, or a search of a thing, under this Part or determining
15
whether a thing may be seized under this Part, a defence security
16
official may do one or more of the following:
17
(a) use any equipment, including electronic equipment,
18
reasonably necessary for the search or the limited search, or
19
the examination or processing of the thing;
20
(b) in the case of a thing that is on defence premises, and that a
21
defence security official suspects on reasonable grounds:
22
(i) constitutes a threat to the safety of persons on the
23
defence premises; or
24
(ii) relates to a criminal offence committed, or that may be
25
committed, on or in relation to the defence premises;
26
move the thing to another part of the defence premises for
27
immediate examination or processing;
28
(c) use any equipment, including electronic equipment, to gain
29
access to data stored on the thing;
30
(d) obtain expert assistance to do a thing referred to in
31
paragraph (a), (b) or (c).
32
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26 Defence Legislation Amendment (Security of Defence Premises) Bill 2010 No. ,
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72F Power to move certain unattended things on defence premises
1
If a thing is left unattended on defence premises as a result of, or in
2
connection with, the exercise of a power under this Part, a defence
3
security official may move the thing to another place if the defence
4
security official reasonably believes that it is necessary or desirable
5
to do so.
6
72G Use of reasonable and necessary force, etc. by defence security
7
officials
8
Use of force--general rule
9
(1) A defence security official may, subject to this section and
10
section 72H, use such force against persons and things as is
11
reasonable and necessary in the circumstances in exercising powers
12
under this Part.
13
Limit on use of force--defence security guards and defence
14
security screening employees
15
(2) Despite subsection (1), a contracted defence security guard or a
16
defence security screening employee must not, in using force
17
against a person in exercising powers under this Part, do anything
18
that is likely to cause the death of, or grievous bodily harm to, the
19
person.
20
Note 1:
For security authorised members of the Defence Force, see
21
section 72H.
22
Note 2:
This provision does not affect a person's rights under other laws: see
23
section 72S.
24
Indignity
25
(3) A defence security official must not, in exercising powers under
26
this Part, subject the person to greater indignity than is reasonable
27
and necessary in the circumstances.
28
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27
72H Use of force involving death or grievous bodily harm by
1
security authorised members of the Defence Force in
2
responding to an attack
3
(1) Despite subsection 72G(1), a security authorised member of the
4
Defence Force must not, in using force against a person in
5
exercising powers under this Part, do anything that is likely to
6
cause the death of, or grievous bodily harm to, the person, unless
7
the member believes on reasonable grounds that:
8
(a) doing that thing is necessary to prevent the death of, or
9
serious injury to, another person (including the official); and
10
(b) the threat of death or injury is caused by an attack on defence
11
premises, or on people on defence premises, that is occurring
12
or is imminent.
13
(2) In addition to the limitations in paragraphs (1)(a) and (b), if a
14
person is attempting to escape being detained by fleeing, a security
15
authorised member of the Defence Force must not, in exercising
16
powers under this Part, do anything that is likely to cause the death
17
of, or grievous bodily harm to, the person unless:
18
(a) the person has, if practicable, been called on to surrender;
19
and
20
(b) the official believes on reasonable grounds that the person
21
cannot be apprehended in any other manner.
22
72J Limit on power to restrain and detain
23
A provision of this Part that confers a power on a defence security
24
official to restrain and detain a person is limited to a power to
25
restrain and detain the person for the purpose of placing the person,
26
at the earliest practicable time, in the custody of:
27
(a) a member or special member of the Australian Federal
28
Police; or
29
(b) a member of the police force of a State or Territory; or
30
(c) a protective service officer.
31
72K Limit on power to arrest
32
If a member of the Defence Force arrests a person under
33
section 72P (which deals with trespass), he or she must, as soon as
34
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28 Defence Legislation Amendment (Security of Defence Premises) Bill 2010 No. ,
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practicable after the arrest, bring the person, or cause the person to
1
be brought, before:
2
(a) a member or special member of the Australian Federal
3
Police; or
4
(b) a member of the police force of a State or Territory.
5
Note 1:
The Crimes Act 1914 provides for arrest powers of police officers and
6
how arrested persons are to be dealt with.
7
Note 2:
The Australian Federal Police Act 1979 provides for arrest powers of
8
protective service officers and how arrested persons are to be dealt
9
with.
10
72L Powers not to be used to stop protests etc.
11
In exercising powers under this Part, a defence security official
12
must not stop or restrict any protest, dissent, assembly or industrial
13
action, unless there is a reasonable likelihood of:
14
(a) death of, or serious injury to, persons; or
15
(b) the commission of a criminal offence.
16
72M Security authorised members of the Defence Force may use
17
dogs
18
A security authorised member of the Defence Force may, if the
19
security authorised member considers it is reasonably necessary to
20
do so, use a dog:
21
(a) to assist a defence security official to conduct a search
22
(including a limited search) under this Part; or
23
(b) to assist a defence security official to restrain or detain, or
24
remove, a person under this Part; or
25
(c) to assist a member of the Defence Force to arrest a person
26
under section 72P (which deals with trespass); or
27
(d) to assist a defence security official to perform a function or
28
exercise a power under this Part.
29
72N Persons assisting defence security officials
30
(1) A defence security official may, in exercising powers under any of
31
the following provisions, be assisted by other persons if that
32
assistance is necessary and reasonable:
33
(a) subsection 71J(1) (search of a vehicle, etc. with consent);
34
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29
(b) subsection 71N(1) (search of a vehicle, etc. on declared
1
explosive ordnance depot);
2
(c) subsection 71S(1) (search of a vehicle, etc. without consent);
3
(d) subsection 71U(2) (search of a vehicle, etc. without consent);
4
(e) section 72E (use of equipment, etc.);
5
(f) section 72F (moving things, etc.).
6
(2) A person giving such assistance is a person assisting the defence
7
security official.
8
(3) A person assisting the defence security official may exercise the
9
powers of the defence security official, but only in accordance with
10
a direction given to the person by the defence security official.
11
(4) A power exercised by a person assisting the defence security
12
official as mentioned in subsection (3) is taken for all purposes to
13
have been exercised by a defence security official.
14
(5) If a direction is given under subsection (3) in writing, the direction
15
is not a legislative instrument.
16
Division 7--Other matters
17
72P Unauthorised entry etc. on defence premises or defence
18
accommodation
19
(1) A person commits an offence if:
20
(a) the person enters or is on:
21
(i) defence premises; or
22
(ii) defence accommodation; and
23
(b) the person is not authorised to be on the premises or
24
accommodation.
25
Penalty: 50 penalty units.
26
Note:
An offence under this section is a protective service offence for the
27
purposes of the Australian Federal Police Act 1979.
28
(2) A member of the Defence Force, a member or special member of
29
the Australian Federal Police, a protective service officer or a
30
member of the police force of a State or Territory may, without
31
warrant, arrest any person if the member reasonably believes that
32
the person has committed an offence against subsection (1).
33
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30 Defence Legislation Amendment (Security of Defence Premises) Bill 2010 No. ,
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(3) Nothing in this section prevents the arrest of a person in
1
accordance with any other law.
2
72Q Certain information may be collected and provided to law
3
enforcement agencies etc.
4
(1) The Department, the Defence Force or a contracted security guard
5
may, on defence premises, collect information, including personal
6
information, by means of an optical surveillance device.
7
(2) The Department or the Defence Force may disclose information
8
collected under subsection (1) to one or more of the following
9
persons or bodies, for the purposes of the performance of the
10
functions of the person or body:
11
(a) an intelligence or security agency;
12
(b) the Australian Federal Police or the police force of a State or
13
Territory;
14
(c) the Director of Public Prosecutions of the Commonwealth or
15
a State or Territory.
16
(3) A disclosure of personal information under subsection (2) is taken
17
to be authorised by law for the purposes of Information Privacy
18
Principle 11 in section 14 of the Privacy Act 1988.
19
Note:
Paragraph 3 of Information Privacy Principle 11 in section 14 of the
20
Privacy Act 1988 applies to further disclosures of the personal
21
information.
22
(4) This provision has effect despite any law of the Commonwealth or
23
of a State or Territory.
24
72R Compensation for acquisition of property
25
(1) If, apart from this section, the operation of this Part would result in
26
the acquisition of property from a person otherwise than on just
27
terms, the Commonwealth is liable to pay reasonable compensation
28
to the person.
29
(2) If the Commonwealth and the person do not agree on the amount
30
of the compensation, the person may apply to the Federal Court to
31
determine a reasonable amount of compensation.
32
(3) The jurisdiction of the Federal Court is exclusive of the jurisdiction
33
of all other courts except that of the High Court.
34
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31
(4) In this section:
1
acquisition of property and just terms have the same meaning as in
2
paragraph 51(xxxi) of the Constitution.
3
72S Other powers not affected
4
(1) This Part does not, by implication, limit the exercise of the powers,
5
or the rights, of a defence security official, a member of the
6
Defence Force or any other person:
7
(a) under this Act; or
8
(b) under any other law (including the common law); or
9
(c) otherwise in the performance of his or her duties as a defence
10
security official, a member of the Defence Force or
11
otherwise.
12
(2) Without limiting subsection (1), this Part does not affect any right
13
of an owner or occupier of premises to refuse to allow a person to
14
enter, or remain on, the premises.
15
(3) Without limiting subsection (1), this Part does not affect any right
16
of a person to defend himself or herself or another person.
17
2 Subsection 82(3)
18
Repeal the subsection.
19
3 Subsection 82(4)
20
After "State", insert "or Territory".
21
22
Schedule 1 Amendments relating to the security of defence premises
Part 2 Associated amendments
32 Defence Legislation Amendment (Security of Defence Premises) Bill 2010 No. ,
2010
Part 2--Associated amendments
1
Australian Federal Police Act 1979
2
4 Subsection 4(1) (after subparagraph (a)(iii) of the definition
3
of protective service offence)
4
Insert:
5
(iiia) an offence against section 71V, 71W or 72P of the
6
Defence Act 1903; or
7
Defence Act 1903
8
5 Subsection 51T(3)
9
After "addition", insert "to the relevant limitation in paragraph (2)(a),
10
subparagraph (2A)(a)(i) or (ii) or paragraph (2B)(a), (b) or (c)".
11

 

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