Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 51R

Powers in relation to persons in charge of means of transport

             (1)  A member of the Defence Force who is being utilised in accordance with section 51D may do any one or more of the following in relation to a person who is in charge of a means of transport:

                     (a)  if the means of transport is in a part of the general security area that is outside a designated area--direct the person not to bring the means of transport into the designated area;

                     (b)  direct the person to take the means of transport out of a designated area;

                     (c)  direct the person to take the means of transport from a place in a designated area to another place in the designated area;

                     (d)  direct the person not to take the means of transport from a place in a designated area to any other place, or to a specified place, in the designated area;

                     (e)  compel the person to comply with a direction under any of the above paragraphs.

Erection of barriers etc.

             (2)  A member of the Defence Force may erect barriers or other structures at the boundary of, or in, a designated area for the purpose of stopping persons from bringing means of transport into the designated area or to a place in the designated area.

Powers in relation to means of transport

             (3)  If there is no person in charge of a means of transport that is in a designated area, a member of the Defence Force may do such things as are reasonable and necessary for either of the following purposes:

                     (a)  to take the means of transport to a place in the general security area that is outside the designated area;

                     (b)  to take the means of transport to another place in the designated area.

Powers in relation to persons generally

             (4)  A member of the Defence Force may do any one or more of the following in relation to a person (whether or not in charge of a means of transport):

                     (a)  if the person is in the general security area but outside a designated area--direct the person not to enter the designated area;

                     (b)  direct the person to leave a designated area;

                     (c)  direct the person to move from a place in a designated area to another place in the designated area;

                     (d)  compel the person to comply with a direction under any of the above paragraphs.

Powers to carry out consent searches

             (5)  The power of a member under paragraph (1)(a) or (4)(a) to direct a person:

                     (a)  not to bring a means of transport into a designated area; or

                     (b)  not to enter a designated area;

includes:

                     (c)  the power to direct a person not to do either of those things unless the person agrees to a member searching:

                              (i)  in either case--the person; and

                             (ii)  in a paragraph (a) case--the means of transport and any thing in or on the means of transport;

                            for dangerous things; and

                     (d)  if the person agrees, the power to conduct such a search and to seize any dangerous thing that the member finds in the search.

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

Powers to enter premises etc. to give directions

             (6)  A member of the Defence Force may enter premises or a means of transport for the purpose of giving a direction under any provision of this section.