Document ID: chunk:federal_register_of_legislation:C2011A00019:clause:1_71s
Version: federal_register_of_legislation:C2011A00019
Segment Type: clause
Provision Reference: sch 1 cl 71S
Character Range: 26067–27698

71S  Non‑consensual search—vehicle, vessel or aircraft about to pass a defence access control point

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.