Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 117AF

Additional purpose and monitoring powers

  (1)   Part   2 of the Regulatory Powers Act, subsections   117AE(3) and (4) of this Act, and section   117AH of this Act (as that section relates to that Part), also apply in relation to a provision prescribed for the purposes of subsection   117AE(1) (the monitored provision ) as if:

  (a)   the powers under that Part may be exercised for the purpose of ensuring compliance with the monitored provision; and

  (b)   the monitoring powers in that Part   included the taking of any action that is reasonably necessary to ensure compliance with the monitored provision.

Note 1:   A warrant may be issued under subsection   32(2) of the Regulatory Powers Act if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more authorised persons should have access to a premises for that purpose.

Note 2:   The regulations may provide for and in relation to the payment by the Commonwealth of compensation (see paragraph   124(1)(r)).

  (2)   Without limiting paragraph   (1)(b), the taking of action may include the removal (in whole or in part), destruction or modification of a building, structure or object.

Use of force in executing a warrant

  (3)   In executing a monitoring warrant for the purpose mentioned in paragraph   (1)(a):

  (a)   an authorised person may use such force against persons and things as is necessary and reasonable in the circumstances; and

  (b)   a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.