Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 51V

                   If a member of the Defence Force seizes a thing under Division 2, 2A, 3 or 3A, the member:

                     (a)  may take such action as is reasonable and necessary to make the thing safe or prevent it being used; and

                     (b)  if the member seized the thing from a person--must, if it is practicable to do so, give the person a receipt for the thing; and

                     (c)  if the member believes on reasonable grounds that the thing has been used or otherwise involved in the commission of an offence against a law of the Commonwealth, a State or a Territory--must give the thing to a member of a police force at the earliest practicable time; and

                     (d)  if paragraph (c) does not apply--must:

                              (i)  if the member seized the thing from a person and it is practicable to do so--return the thing to the person; or

                             (ii)  if not, give it to a member of a police force; and

                     (e)  if:

                              (i)  the member seized the thing from a person; and

                             (ii)  the member believes on reasonable grounds that the person used the thing in the commission of an offence against a law of the Commonwealth, a State or a Territory;

                            may detain the person for the purpose of placing him or her in the custody of a member of a police force at the earliest practicable time.