Commonwealth Consolidated Acts

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DEFENCE ACT 1903 - SECT 71J

Consensual search--vehicle, vessel or aircraft about to pass a defence access control point

  (1)   A defence security official may request a person apparently in control of a vehicle, vessel or aircraft that is about to pass a defence access control point to permit a search of the vehicle, vessel or aircraft.

  (2)   A defence security official may refuse to allow a vehicle, vessel or aircraft to pass a defence access control point if:

  (a)   a person refuses to permit a search of a vehicle, vessel or aircraft requested by a defence security official under subsection   (1); or

  (b)   as a result of the person complying with such a request, a defence security official reasonably believes that the vehicle, vessel or aircraft, or a thing in it:

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

Additional powers if vehicle, vessel or aircraft is on defence premises

  (3)   If a defence security official refuses to allow a vehicle, vessel or aircraft to pass a defence access control point under subsection   (2), a defence security official may, if the vehicle, vessel or aircraft is on defence premises, restrain or detain any person in the vehicle, vessel or aircraft.



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