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DIAMOND (ARGYLE DIAMOND MINES JOINT VENTURE) AGREEMENT ACT 1981 - SECT 17

17 .         Entering and leaving designated areas

        (1)         A person shall not —

            (a)         enter or leave a designated area; or

            (b)         drive a vehicle into or out of a designated area; or

            (c)         take or consign any property into or out of a designated area,

                other than by way of a controlled access point.

        (2)         A security officer may —

            (a)         require a person who is entering or leaving a designated area to stop; and

            (b)         require a person driving a vehicle into or out of a designated area to stop the vehicle; and

            (c)         require a person who is taking or consigning property into or out of a designated area to produce the property to a security officer for examination; and

            (d)         direct a person to —

                  (i)         enter or leave a designated area; or

                  (ii)         drive a vehicle into or out of a designated area; or

                  (iii)         take or consign any property into or out of a designated area,

                by way of a controlled access point specified by the security officer.

        (3)         A person shall not enter, drive a vehicle into, or take or consign any property into a designated area without the permission of a security officer on duty at a controlled access point.

        (4)         A police officer acting in the course of his duty shall not be refused permission to enter a designated area unless he fails to comply with a request made by a security officer at a controlled access point to —

            (a)         produce evidence that he is a police officer; or

            (b)         state the purposes for which he wishes to enter the designated area,

                to the security officer.

        (5)         An authorised officer shall not be refused permission to enter a designated area unless he fails to comply with a request made by a security officer at a controlled access point to —

            (a)         furnish his name and address; or

            (b)         state and provide evidence of his authority for entering the designated area; or

            (c)         state the purpose for which he wishes to enter the designated area,

                to the security officer.

        (6)         Subject to subsections (4) and (5) a security officer may refuse permission without giving any reason for that refusal.

        (7)         Without limiting the generality of subsection (6) permission for a person to enter a designated area, other than permission that is required to be granted by subsection (4) or (5), may be withheld by a security officer until the person agrees in writing to abide by such reasonable conditions of entry as the security officer considers necessary for the security of the designated area and of operations, persons and property therein, including, without limiting the generality of the foregoing, a condition that the person will, while within or leaving the designated area, allow a search of himself (other than a search by way of an examination of his body cavities), or a search of any vehicle he is driving or any other property in his possession or under his control, to be carried out by a security officer whenever requested to do so by a security officer.

        (8)         A person who —

            (a)         contravenes subsection (1) or (3); or

            (b)         fails to comply with a requirement imposed pursuant to subsection (2)(a), (2)(b) or (2)(c),

                commits an offence and is liable to a fine not exceeding $5 000 or to imprisonment for a term not exceeding one year.

        (9)         A person who having been given a direction by a security officer pursuant to subsection (2)(d) —

            (a)         enters or leaves a designated area; or

            (b)         drives a vehicle into or out of a designated area; or

            (c)         takes or consigns any property into or out of a designated area,

                by way of a controlled access point other than that specified by the security officer commits an offence and is liable to a fine not exceeding $500.

        (10)         In this section permission means permission under and for the purposes of subsection (3).



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