Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 51SJ

             (1)  If a member of the Defence Force who is being utilised in accordance with section 51D believes on reasonable grounds that a dangerous thing, or another thing that is related to the threat concerned, is in or on a vessel or aircraft in the offshore general security area, the member may:

                     (a)  erect barriers or other structures for the purpose of stopping the vessel or aircraft; and

                     (b)  whether or not the member does so:

                              (i)  stop and detain the vessel or aircraft; and

                             (ii)  search the vessel or aircraft, and any thing found in or on the vessel or aircraft, for the dangerous thing or other thing that is related to the threat concerned; and

                            (iii)  seize any dangerous thing or other thing that is related to the threat concerned that the member finds in the search.

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

             (2)  If the member stops the vessel or aircraft, the member must not detain it for longer than is reasonable and necessary to search it and any thing found in or on it.

             (3)  The master of the vessel, or the captain of the aircraft, is entitled to observe the search being carried out.

             (4)  The entitlement to observe the search being carried out ceases if the master or captain impedes the search.

             (5)  This section does not prevent 2 or more areas of the vessel or aircraft being searched at the same time.