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DEFENCE ACT 1903 - SECT 116W

General powers of rangers

  (1)   A ranger may search any vehicle, aircraft or vessel if he or she believes on reasonable grounds that there is in or on that vehicle, aircraft or vessel anything that will afford evidence as to the commission of an offence against this Part or the by - laws, and for that purpose stop or detain that vehicle, aircraft or vessel.

  (2)   A ranger may:

  (a)   require any person whom he or she finds committing or whom he or she suspects on reasonable grounds of having committed an offence against this Part or the by - laws to state his or her full name and usual place of residence; and

  (b)   require any person in a public area whom he or she finds committing, or whom he or she suspects on reasonable grounds of having committed, an offence against this Part or the by - laws to leave the public area.

  (3)   Where a ranger (other than a member of a police force who is in uniform) stops, or proposes to search or detain, a vehicle, aircraft or vessel, he or she shall:

  (a)   in the case of a member of a police force--produce, for inspection by the person in charge of that vehicle, aircraft or vessel, written evidence of the fact that he or she is a member of a police force; or

  (b)   in any other case--produce his or her identity card for inspection by that person;

and, if he or she fails to do so, he or she is not authorized to search or detain that aircraft, vehicle or vessel.

  (4)   Where a ranger (other than a member of a police force who is in uniform) makes a requirement of a person under this section, he or she shall:

  (a)   in the case of a member of a police force--produce, for inspection by that person, written evidence of the fact that he or she is a member of a police force; or

  (b)   in any other case--produce his or her identity card for inspection by that person;

and, if he or she fails to do so, that person is not obliged to comply with the requirement.

  (5)   A person commits an offence if:

  (a)   a ranger makes a requirement of the person under this section; and

  (b)   the person fails to comply with the requirement.

Penalty:   10 penalty units .

  (6)   An offence under subsection   ( 5) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .

  (7)   Subsection   ( 5) does not apply if the person has a reasonable excuse.

Note:   The defendant bears an evidential burden in relation to the matter in subsection   ( 7). See subsection   13.3(3) of the Criminal Code .


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