Document ID: chunk:federal_register_of_legislation:C2024C00861:section:101w
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 101W
Character Range: 324443–326636

101W  Search and seizure
 (1) An investigating officer may search a defence member or defence civilian, or clothing being worn by, or property under the immediate control of, a defence member or defence civilian, and may seize any thing found in the course of the search that the investigating officer believes on reasonable grounds to be connected with a service offence if, and only if, the search and seizure is made by the investigating officer:
 (a) in pursuance of a search warrant issued under section 101X or 101Y;
 (b) in accordance with section 101P or 101Z; or
 (c) after obtaining, in accordance with section 101ZA, the consent of the defence member or defence civilian, as the case may be, to the search.
 (2) An investigating officer may enter upon land, or upon or into premises or a ship, aircraft or vehicle, and may search the land, premises, ship, aircraft or vehicle and may seize any thing found in the course of the search that the investigating officer believes on reasonable grounds to be connected with a service offence if, and only if, the entry, search and seizure is made by the investigating officer:
 (a) in pursuance of a search warrant issued under section 101X or 101Y;
 (b) in accordance with section 101Z; or
 (c) after obtaining, in accordance with section 101ZA, the consent of the occupier of the land or premises or of the person in charge of the ship, aircraft or vehicle, as the case may be, to the entry.
 (3) An investigating officer may:
 (a) enter upon land, not being land referred to in subsection (2), or upon or into premises or a ship, aircraft or vehicle, not being premises or a ship, aircraft or vehicle referred to in subsection (2);
 (b) search the land, premises, ship, aircraft or vehicle; and
 (c) seize any thing found in the course of the search that the investigating officer believes on reasonable grounds to be connected with a service offence;
if, and only if, the entry, search and seizure are made by the investigating officer after obtaining, in accordance with section 101ZA, the consent of the occupier of the land or premises or of the person in charge of the ship, aircraft or vehicle, as the case may be, to the entry.