Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 51SG

             (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, or an officer of the Defence Force included in a class of officers, 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 a facility in the offshore general security area and it is necessary as a matter of urgency to make the dangerous thing safe or prevent it from being used; or

                     (d)  there is another thing on a facility in the offshore general security area that is related to the threat concerned and it is necessary as a matter of urgency to seize the thing;

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 facility; and

                     (b)  describe the facility; and

                     (c)  state the name, rank and service number of a member of the Defence Force (the offshore 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 offshore search members ) to carry out the search; and

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

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

                              (i)  search the person; and

                             (ii)  seize any dangerous thing or other thing related to the threat concerned 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 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 facility.