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DEFENCE ACT 1903 - SECT 51B Information to be given to occupier etc. and those searched

DEFENCE ACT 1903 - SECT 51B

Information to be given to occupier etc. and those searched

Right of occupier to be given information

  (1)   If a person who is the occupier of premises described in a search authorisation, or another person who apparently represents the occupier, is present at the premises when a search is being carried out, a member of the Defence Force must:

  (a)   tell the person that the member is a member of the Defence Force; and

  (b)   give that person a document that:

  (i)   states that the search is authorised under this Division; and

  (ii)   sets out the effect of this section and section   51C (occupier etc. entitled to be present during search); and

  (iii)   states that things may be seized during the search; and

  (iv)   sets out contact details for inquiries in relation to things that are so seized.

Right of person searched to be given information

  (2)   Before any person is searched in accordance with a search authorisation, a member of the Defence Force must give the person a copy of a document described in paragraph   ( 1)(b).