Commonwealth Consolidated Acts

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DEFENCE ACT 1903 - SECT 43

Powers that may be exercised under this Division and Division 4

  (1)   To avoid doubt, a power under this Division may be exercised in an area specified under Division   4.

  (2)   If a power may be exercised under this Division, and under Division   4, the power is taken, for the purposes of this Part, to be exercised under this Division.

Note:   For example, searches may be undertaken under this Division and Division   4. Searches undertaken under Division   4 must be undertaken by a member of the Defence Force who is in uniform (see section   50). A member who may undertake a search under this Division and Division   4 is not required to wear a uniform.


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