DEFENCE ACT 1903 - SECT 72 Power to seize things on defence premises

DEFENCE ACT 1903 - SECT 72

  (1)   A special defence security official may seize a thing (including a vehicle, vessel or aircraft or an unattended thing) on defence premises, or a thing found as a result of a search (including a limited search) under this Part, if the official believes on reasonable grounds that the thing may:

  (a)   constitute a threat to the safety of a person on the defence premises; or

  (b)   relate to a criminal offence committed, or that may be committed, on or in relation to the defence premises.

  (2)   If a special defence security official seizes a thing under subsection   ( 1):

  (a)   a security authorised member of the Defence Force may take such action as is reasonable and necessary to make the thing safe or prevent the thing being used; and

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

  (c)   if the official believes on reasonable grounds that the thing has been used or otherwise involved in the commission of a criminal offence--a special defence security official must give the thing to a member or special member of the Australian Federal Police or a member of the police force of a State or Territory at the earliest practicable time; and

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

  (i)   if the official seized the thing from a person and it is practicable to do so--a special defence security official must return the thing to the person within 7 days; or

  (ii)   otherwise--a special defence security official must give it to a member or special member of the Australian Federal Police or a member of the police force of a State or Territory at the earliest practicable time.