Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if a member of the Defence Force who is being utilised under a call out order believes on reasonable grounds that there is in a specified area:
(a) a person who is likely to pose a threat to:
(i) any person's life, health or safety; or
(ii) public health or public safety; or
(b) a person who has in the person's possession a thing that is likely to:
(i) pose a threat to any person's life, health or safety; or
(ii) pose a threat to public health or public safety; or
(iii) cause serious damage to property; or
(c) a person connected with the domestic violence or threat specified in the order; or
(d) a thing that is likely to:
(i) pose a threat to any person's life, health or safety; or
(ii) pose a threat to public health or public safety; or
(iii) cause serious damage to property; or
(e) a thing connected with the domestic violence or threat specified in the order.
Powers relating to any means of transport or person, and other general powers
(2) Any member of the Defence Force who is being utilised under the call out order may do any one or more of the following:
(a) erect barriers or other structures, at the border of, or in any part of, the specified area;
(b) stop any person (including a person mentioned in subsection (1)), or means of transport, in the specified area (whether or not barriers were erected);
(c) direct any person:
(i) not to enter the specified area; or
(ii) to leave, or not to leave, the specified area; or
(iii) to move from a place in the specified area to another place in the specified area; or
(iv) not to move from a place in the specified area to another place in the specified area;
(d) direct a person in charge of any means of transport:
(i) not to bring the means of transport into the specified area; or
(ii) to take, or not to take, the means of transport out of the specified area; or
(iii) to take the means of transport from a place in the specified area to another place in the specified area; or
(iv) not to take the means of transport from a place in the specified area to any other place, or to a specified place, in the specified area;
(e) if there is no person in charge of a means of transport that is in a specified area--take any action that is reasonable and necessary for either of the following purposes:
(i) taking the means of transport out of the specified area;
(ii) taking the means of transport from a place in the specified area to another place in the specified area;
(f) direct a person in charge of a means of transport not to move the means of transport within the specified area (including by bringing it into or taking it out of that area) unless the person agrees to a member searching:
(i) the person; and
(ii) the means of transport and any thing in or on the means of transport;
(g) direct any person not to move within the specified area (including by coming into or going out of that area) unless the person agrees to a member searching the person;
(h) if a person agrees to a search under paragraph (f) or (g)--conduct the search and:
(i) seize any thing found in the search that the member believes on reasonable grounds is a thing that may be seized in relation to the call out order; or
(ii) detain the person, if the member believes on reasonable grounds that the person is a person who may be detained in relation to the call out order, for the purpose of placing the person in the custody of a member of a police force at the earliest practicable time;
(i) direct a person in the specified area to answer a question put by the member, or to produce to the member a particular document that is readily accessible to the person, (including by requiring the person to provide identification to the member);
(j) operate, or direct a person to operate, a facility, machinery or equipment (including electronic equipment) in a particular manner (whether or not the facility, machinery or equipment is on a facility or means of transport), if the member believes on reasonable grounds that doing so is reasonable and necessary for the purpose of:
(i) preserving the life or safety of any person in the specified area; or
(ii) protecting against the threat of the person or thing mentioned in subsection (1).
Note 1: For the definitions of person who may be detained , search and thing that may be seized , see section 31.
Note 2: See also sections 51E (general provisions relating to section 51D), 51P (persons to be informed of certain matters if detained), 51Q (actions to be taken if things seized) and 51R (offence for failing to comply with a direction).
Search and seizure powers relating to specific means of transport
(3) Any member of the Defence Force who is being utilised under the call out order may do any one or more of the following if the member believes on reasonable grounds that a person or thing mentioned in subsection (1) is in or on a means of transport in the specified area:
(a) detain the means of transport;
(b) search the means of transport, and any thing found in or on the means of transport;
(c) seize any thing (including a means of transport) found in the search that the member believes on reasonable grounds is a thing that may be seized in relation to the call out order;
(d) detain any person found in the search who the member believes on reasonable grounds is a person who may be detained in relation to the call out order for the purpose of placing the person in the custody of a member of a police force at the earliest practicable time.
(4) A member who detains a means of transport under paragraph (3)(a) must not detain the means of transport for longer than is reasonable and necessary to search it and any thing found in or on it, unless the means of transport is seized in accordance with paragraph (3)(c).
Search and seizure powers relating to the suspect
(5) Any member of the Defence Force who is being utilised under the call out order may do any one or more of the following if the member believes on reasonable grounds that a person (the suspect ) mentioned in paragraph (1)(a), (b) or (c) is in the specified area:
(a) search the suspect;
(b) seize any thing found in the search that the member believes on reasonable grounds is a thing that may be seized in relation to the call out order;
(c) detain the suspect if the member believes on reasonable grounds that the suspect is a person who may be detained in relation to the call out order for the purpose of placing the suspect in the custody of a member of a police force at the earliest practicable time.