Commonwealth Consolidated Acts

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DEFENCE ACT 1903 - SECT 72N

Persons assisting defence security officials

             (1)  A defence security official may, in exercising powers under any of the following provisions, be assisted by other persons if that assistance is necessary and reasonable:

                     (a)  subsection 71J(1) (search of a vehicle, etc. with consent);

                     (b)  subsection 71N(1) (search of a vehicle, etc. on declared explosive ordnance depot);

                     (c)  subsection 71S(1) (search of a vehicle, etc. without consent);

                     (d)  subsection 71U(2) (search of a vehicle, etc. without consent);

                     (e)  section 72E (use of equipment, etc.);

                      (f)  section 72F (moving things, etc.).

             (2)  A person giving such assistance is a person assisting the defence security official.

             (3)  A person assisting the defence security official may exercise the powers of the defence security official, but only in accordance with a direction given to the person by the defence security official.

             (4)  A power exercised by a person assisting the defence security official as mentioned in subsection (3) is taken for all purposes to have been exercised by a defence security official.

             (5)  If a direction is given under subsection (3) in writing, the direction is not a legislative instrument.



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