Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 71S

Power to search vehicles, vessels or aircraft

  (1)   A special defence security official may search a vehicle, vessel or aircraft that 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 a search under Division   3.

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

  (a)   a person hinders or obstructs a search of the vehicle, vessel or aircraft conducted by a special defence security official under subsection   (1); or

  (b)   as a result of a search conducted under subsection   (1), the 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 special defence security official refuses to allow a vehicle, vessel or aircraft to pass a defence access control point under subsection   (2), a special defence security official may, if the vehicle, vessel or aircraft is on defence premises, restrain and detain any person in the vehicle, vessel or aircraft.

Note:   For other powers in relation to persons in a vehicle, vessel or aircraft see section   71R.