Commonwealth Consolidated Acts

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DEFENCE ACT 1903 - SECT 51P

Persons to be informed of certain matters if detained

             (1)  A member of the Defence Force who detains a person under this Part must inform the person, at the time the person is detained, of the following (as the case requires):

                     (a)  the offence against the law of the Commonwealth, the State or the Territory that the person is reasonably believed to have committed;

                     (b)  both of the following:

                              (i)  that the person is believed to be likely to pose a threat to any person's life, health or safety, or to public health or public safety;

                             (ii)  the reasons for that belief;

                     (c)  both of the following:

                              (i)  that the person is believed to be likely to pose a risk to the operation or integrity of declared infrastructure;

                             (ii)  the reasons for that belief.

             (2)  Subsection (1) does not apply to the detention of a person if:

                     (a)  the person should, in the circumstances, know the substance of the offence, threat or risk; or

                     (b)  the person's actions make it impracticable for the member to inform the person of the offence, threat or risk.

             (3)  For the purposes of paragraph (1)(a), it is sufficient if the person is informed of the substance of the offence, and it is not necessary that this be done in language of a precise or technical nature.



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