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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