Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A member of the Defence Force who is being utilised under a call out order may, under the command of the Chief of the Defence Force, take any of the actions in subsection (2), or exercise any of the powers in subsection (3) or (5), for the purpose of protecting declared infrastructure.
(2) The member may take one or more of the following actions:
(a) prevent, or put an end to, damage or disruption to the operation of the declared infrastructure;
(b) prevent, or put an end to:
(i) acts of violence; or
(ii) threats to any person's life, health or safety, or to public health or public safety;
(c) protect any persons from:
(i) acts of violence; or
(ii) threats to any person's life, health or safety, or to public health or public safety.
(3) The member may do any one or more of the following in connection with taking any such action:
(a) control the movement of persons or of means of transport;
(b) evacuate persons to a place of safety;
(c) search persons, locations or things for any thing that may be seized, or any persons who may be detained, in relation to the call out order;
(d) seize any thing found in the search that the member believes on reasonable grounds is a thing that may be seized in relation to the call out order;
(e) detain any person found in the search that the member believes on reasonable grounds:
(i) is a person who may be detained in relation to the call out order; or
(ii) is a person who is likely to pose a risk to the operation or integrity of declared infrastructure;
for the purpose of placing the person in the custody of a member of a police force at the earliest practicable time;
(f) provide security (whether or not armed, and whether or not with a police force) including by patrolling or securing an area or conducting cordon operations;
(g) direct a person to answer a question put by the member, or to produce to the member a particular document that is readily accessible to the person, (including by requiring the person to provide identification to the member);
(h) operate, or direct a person to operate, a facility, machinery or equipment (including electronic equipment) in a particular manner (whether or not the facility, machinery or equipment is on a facility or means of transport).
Note 1: For the definitions of person who may be detained , search and thing that may be seized , see section 31.
Note 2: See also sections 51P (persons to be informed of certain matters if detained), 51Q (actions to be taken if things seized) and 51R (offence for failing to comply with a direction).
(4) A member who controls the movement of persons or of means of transport under paragraph (3)(a) must not do so for longer than is reasonable and necessary in the circumstances.
(5) The member may do anything incidental to anything in subsection (2) or (3).
Powers do not limit each other
(6) To avoid doubt, no paragraph of subsection (2) or (3) limits the operation of any other paragraph of either of those subsections.