Document ID: chunk:federal_register_of_legislation:C2025C00176:section:47
Version: federal_register_of_legislation:C2025C00176
Segment Type: section
Provision Reference: s 47
Character Range: 81432–83307

47  Simplified outline of this Division

      This Division confers powers on members of the Defence Force if the Defence Force is being utilised under a call out order that specifies that this Division applies. The powers are to be exercised in a specified area which may be in Australia or the Australian offshore area. The authorising Ministers specify the area in a specified area declaration.
      An expedited specified area declaration can be made under Division 7 in sudden and extraordinary emergencies.
      Uniforms must be worn by members of the Defence Force when exercising powers under this Division.
      The powers under this Division are:
             (a) the power to search premises in the specified area; and
             (b) powers relating to means of transport in the specified area; and
             (c) powers relating to persons in the specified area.
      If a call out order specifies that this Division and Division 3 apply in relation to the order, the powers under Division 3 can be exercised in the specified area. If a particular power can be exercised both under this Division and Division 3, the power is taken to be exercised under Division 3 (so that any rules under this Division that would otherwise apply to the power do not apply).
      Division 6 allows members of the Defence Force exercising powers under this Division to use reasonable and necessary force. Division 6 also:
             (a) confers powers and imposes obligations if persons are detained or things are seized; and
             (b) contains an offence for failing to comply with a direction; and
             (c) deals with the consequences of the exercise of powers by members of the Defence Force if obligations imposed in relation to the exercise of those powers have not been met or if call out orders and other instruments have not been validly made.