Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

DEFENCE ACT 1903 - SECT 71R

Non-consensual identification and search--person about to pass a defence access control point

Power to require identification etc.

             (1)  A special defence security official may require a person who is about to pass a defence access control point to provide evidence of the following:

                     (a)  the person's name;

                     (b)  the person's residential address;

                     (c)  the person's authority to pass the defence access control point.

Power to search at defence access control point on defence premises

             (2)  A special defence security official may search a person who is about to pass a defence access control point on defence premises.

Note:          If the defence access control point is not on defence premises, a defence security official may request the person to undergo a search under Division 3.

Power to refuse access etc.

             (3)  A special defence security official may refuse to allow a person to pass a defence access control point if:

                     (a)  the person refuses to comply with a requirement imposed by a special defence security official under subsection (1); or

                     (b)  the person hinders or obstructs a search of the person by a special defence security official under subsection (2); or

                     (c)  as a result of the person complying with such a requirement or undergoing such a search, a special defence security official reasonably believes that the person:

                              (i)  is not authorised to pass the defence access control point; or

                             (ii)  constitutes a threat to the safety of persons on the defence premises; or

                            (iii)  has committed, or may commit, a criminal offence on, or in relation to, the defence premises.

Additional powers if person is on defence premises

             (4)  If a special defence security official refuses to allow a person to pass a defence access control point under subsection (3), a special defence security official may, if the person is on defence premises:

                     (a)  restrain and detain the person; or

                     (b)  request the person to leave the defence premises and, if he or she refuses, remove the person from the defence premises.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback