Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 51SM

Powers in relation to persons in charge of vessels or aircraft

             (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 vessel or aircraft:

                     (a)  if the vessel or aircraft is in a part of the offshore general security area that is outside an offshore designated area--direct the person not to bring the vessel or aircraft into the offshore designated area;

                     (b)  direct the person to take the vessel or aircraft out of an offshore designated area;

                     (c)  direct the person to take the vessel or aircraft from a place in an offshore designated area to another place in the offshore designated area;

                     (d)  direct the person not to take the vessel or aircraft from a place in an offshore designated area to any other place, or to a specified place, in the offshore 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, an offshore designated area for the purpose of stopping persons from bringing a vessel or aircraft into the offshore designated area or to a place in the offshore designated area.

No person in charge of vessel

             (3)  If there is no person in charge of a vessel or aircraft that is in an offshore 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 vessel or aircraft to a place in the offshore general security area that is outside the offshore designated area;

                     (b)  to take the vessel or aircraft to another place in the offshore 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 vessel or aircraft):

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

                     (b)  direct the person to leave an offshore designated area;

                     (c)  direct the person to move from a place in an offshore designated area to another place in the offshore 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 vessel or aircraft into an offshore designated area; or

                     (b)  not to enter an offshore 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 vessel or aircraft and any thing on the vessel or aircraft;

                            for dangerous things or other things related to the threat concerned; and

                     (d)  if the person agrees, the power to conduct such a search and to seize any such thing 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.

Powers to board vessel or aircraft to give directions

             (6)  A member of the Defence Force may board any vessel or aircraft for the purpose of giving a direction under any provision of this section.