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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