Commonwealth Consolidated Acts

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DEFENCE ACT 1903 - SECT 72B

Defence security officials must produce identity cards, etc.

Production of identity card before making request or requirement

  (1)   A defence security official is not entitled to make a request or requirement of a person under this Part unless, before making the request or requirement:

  (a)   the defence security official produces his or her identity card for inspection by the person; and

  (b)   the person is informed of the effect of refusal by the person to comply with the request or requirement.

Production of identity card before search

  (2)   Subject to subsection   (3), a defence security official is not entitled to conduct a search (including a limited search) of a person, or a vehicle, vessel or aircraft apparently under the control of a person, under this Part unless, before conducting the search:

  (a)   the defence security official produces his or her identity card for inspection by the person; and

  (b)   if the search is under Division   4 (powers exercisable without consent)--the person is informed of the effect of hindering or obstructing the search.

  (3)   A defence security official is not required to comply with subsection   (2) before conducting a search of a person, or of a vehicle, vessel or aircraft apparently under the control of a person, if:

  (a)   the search is conducted under subsection   71R(2), 71S(1), 71T(3) or 71U(2); and

  (b)   a defence security official reasonably believes that the person, or the vehicle, vessel or aircraft, constitutes a threat to the safety of persons on the defence premises concerned; and

  (c)   as soon as practicable while conducting, or after conducting, the search:

  (i)   the defence security official who is conducting, or has conducted, the search produces his or her identity card for inspection by the person; and

  (ii)   the person is informed of the effect of hindering or obstructing the search.

Production of identity card before removal of a person

  (4)   A defence security official is not entitled to exercise powers under this Part to remove a person from defence premises unless, before exercising the power, the official produces his or her identity card for inspection by the person.

Production of identity card as soon as practicable after detaining a person

  (5)   A defence security official is not entitled to restrain and detain, or stop and detain, a person under this Part unless, as soon as practicable after restraining and detaining, or stopping and detaining, the person, the official produces his or her identity card for inspection by the person.


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