Document ID: chunk:federal_register_of_legislation:C2004A00711:clause:1_51i
Version: federal_register_of_legislation:C2004A00711
Segment Type: clause
Provision Reference: sch 1 cl 51I
Character Range: 16902–18704

51I  Special powers of members of the Defence Force

Recapturing premises etc.

 (1) Subject to this section, a member of the Defence Force who is being utilised in accordance with section 51D may, under the command of the Chief of the Defence Force:
 (a) recapture premises, a place, a means of transport or other thing (the subject premises etc.); and
 (b) in connection with any such recapture, do any one or more of the following:
 (i) free any hostage from the subject premises etc.;
 (ii) if the member finds in the subject premises etc. a person whom the member believes on reasonable grounds has committed an offence against a law of the Commonwealth, a State or Territory—detain the person for the purpose of placing the person in the custody of a member of a police force at the earliest practicable time;
 (iii) evacuate persons found in the subject premises etc. to a place of safety;
 (iv) search the subject premises etc. for dangerous things;
 (v) seize any dangerous thing found in such a search; and
 (c) do anything incidental to anything in paragraph (a) or (b).

Note: Subdivision B of Division 4 sets out what is to happen if a dangerous thing is seized under this section.

Ministerial authorisation

 (2) However, the member must not recapture the subject premises etc., or do any of the things mentioned in paragraphs (1)(b) or (c) in connection with any recapture of the subject premises etc., unless an authorising Minister has in writing authorised the recapture.

Exception

 (3) Subsection (2) does not apply if the member believes on reasonable grounds that there is insufficient time to obtain the authorisation because a sudden and extraordinary emergency exists.

Division 3—General security area powers

Subdivision A—Application of this Division and Division 4