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DEFENCE ACT 1903 - SECT 71R Non - consensual identification and search--person about to pass a defence access control point

DEFENCE ACT 1903 - SECT 71R

Non - consensual identification and search--person about to pass a defence access control point

Power to require identification etc.

  (1)   A special defence security official may require a person who is about to pass a defence access control point to provide evidence of the following:

  (a)   the person's name;

  (b)   the person's residential address;

  (c)   the person's authority to pass the defence access control point.

Power to search at defence access control point on defence premises

  (2)   A special defence security official may search a person who is about to pass a defence access control point on defence premises.

Note:   If the defence access control point is not on defence premises, a defence security official may request the person to undergo a search under Division   3.

Power to refuse access etc.

  (3)   A special defence security official may refuse to allow a person to pass a defence access control point if:

  (a)   the person refuses to comply with a requirement imposed by a special defence security official under subsection   ( 1); or

  (b)   the person hinders or obstructs a search of the person by a special defence security official under subsection   ( 2); or

  (c)   as a result of the person complying with such a requirement or undergoing such a search, a special defence security official reasonably believes that the person:

  (i)   is not authorised to pass the defence access control point; or

  (ii)   constitutes a threat to the safety of persons on the defence premises; or

  (iii)   has committed, or may commit, a criminal offence on, or in relation to, the defence premises.

Additional powers if person is on defence premises

  (4)   If a special defence security official refuses to allow a person to pass a defence access control point under subsection   ( 3), a special defence security official may, if the person is on defence premises:

  (a)   restrain and detain the person; or

  (b)   request the person to leave the defence premises and, if he or she refuses, remove the person from the defence premises.