Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 51L

             (1)  If, while the Defence Force is being utilised in accordance with section 51D:

                     (a)  the Chief of the Defence Force; or

                     (b)  an officer of the Defence Force authorised by the Chief of the Defence Force for the purposes of this section;

believes on reasonable grounds that:

                     (c)  there is a dangerous thing on any premises in the general security area; and

                     (d)  it is necessary as a matter of urgency to make the dangerous thing safe or prevent it from being used;

he or she may give an authorisation under this section.

What the authorisation must say

             (2)  The authorisation must:

                     (a)  authorise entry to, and search of, the premises; and

                     (b)  describe the premises; and

                     (c)  state the name, rank and service number of a member of the Defence Force (the member in charge ) who is to be in charge of the search; and

                     (d)  authorise the member in charge, and any other member of the Defence Force assisting the member, (the search members ) to carry out the search; and

                     (e)  authorise each search member to seize any thing found on the premises in the course of the search that he or she believes on reasonable grounds to be a dangerous thing; and

                      (f)  state that, if any search member believes on reasonable grounds that a person who is at or near the premises while the search is being carried out has any dangerous thing in his or her possession, the member is authorised to:

                              (i)  search the person; and

                             (ii)  seize any dangerous thing found in the search; and

                     (g)  state the time during which the authorisation remains in force, which must not be more than 24 hours.

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

Effect of the authorisation

             (3)  The authorisation has effect according to its terms.

Further authorisations possible

             (4)  Paragraph (2)(g) does not prevent the issue of further authorisations in relation to the same premises.