Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 51I

Special powers

             (1)  Subject to this section, a member of the Defence Force who is being utilised in accordance with section 51D may, under the command of the Chief of the Defence Force do any one or more of the following:

                     (a)  take any one or more of the following actions:

                              (i)  recapture a location or thing;

                             (ii)  prevent, or put an end to, acts of violence;

                            (iii)  protect persons from acts of violence;

                     (b)  in connection with taking any such action, do any one or more of the following:

                              (i)  free any hostage from a location or thing;

                             (ii)  if the member finds a person whom the member believes on reasonable grounds to have committed an offence against a law of the Commonwealth, a State or Territory--detain the person for the purpose of placing the person in the custody of a member of a police force at the earliest practicable time;

                            (iii)  control the movement of persons or of means of transport;

                            (iv)  evacuate persons to a place of safety;

                             (v)  search persons or locations or things for dangerous things or other things related to the domestic violence that is occurring or is likely to occur;

                            (vi)  seize any dangerous thing, or other thing related to the domestic violence that is occurring or is likely to occur, found in such a search; and

                     (c)  do anything incidental to anything in paragraph (a) or (b).

Note:          Subdivision B of Division 4 sets out what is to happen if a thing is seized under this subsection.

Ministerial authorisation

             (2)  However, the member must not:

                     (a)  take any action mentioned in paragraph (1)(a); or

                     (b)  do any of the things mentioned in paragraph (1)(b) or (c) in connection with taking that action;

unless an authorising Minister has in writing authorised taking that action.

Exception

             (3)  Subsection (2) does not apply if the member believes on reasonable grounds that there is insufficient time to obtain the authorisation because a sudden and extraordinary emergency exists.

Definitions

             (4)  In this section:

"location" includes any premises or place.

"thing" includes any means of transport, but does not include an aircraft that is airborne.