Document ID: chunk:federal_register_of_legislation:C2018A00158:clause:1_51q
Version: federal_register_of_legislation:C2018A00158
Segment Type: clause
Provision Reference: sch 1 cl 51Q
Character Range: 76624–78552

51Q  Action to be taken if things are seized
 (1) If a thing is seized under Division 3, 4 or 5, a member of the Defence Force may take any action that is reasonable and necessary to make the thing safe or prevent it being used.
 (2) Without limiting subsection (1), the member may destroy the thing if:
 (a) the member believes on reasonable grounds that it is reasonable and necessary to do so to make the thing safe; or
 (b) the member believes on reasonable grounds:
 (i) that using the thing would be likely to pose a threat to any person's life, health or safety, or to public health or public safety, or cause serious damage to property; and
 (ii) that it is reasonable and necessary to destroy it to prevent it from being used.
 (3) If the thing was seized from a person, a member of the Defence Force must:
 (a) give the person a receipt for the thing (even if the thing has been destroyed), if it is practicable to do so; and
 (b) if the thing has not been destroyed and the member believes on reasonable grounds that the thing has been used or otherwise involved in the commission of an offence against a law of the Commonwealth, a State or a Territory—give the thing to a member of a police force at the earliest practicable time; and
 (c) if the thing has not been destroyed and paragraph (b) does not apply:
 (i) return the thing to the person, if it is practicable to do so; or
 (ii) give it to a member of a police force, at the earliest practicable time.
 (4) If a member of the Defence Force believes on reasonable grounds that a thing seized from a person has been used or otherwise involved in the commission of an offence against a law of the Commonwealth, a State or a Territory, the member may:
 (a) require the person to provide identification to the member; and
 (b) 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.