Document ID: chunk:federal_register_of_legislation:C2025C00176:section:71r
Version: federal_register_of_legislation:C2025C00176
Segment Type: section
Provision Reference: s 71R
Character Range: 216191–218210

71R  Non‑consensual identification and search—person about to pass a defence access control point

Power to require identification etc.
 (1) A special defence security official may require a person who is about to pass a defence access control point to provide evidence of the following:
 (a) the person's name;
 (b) the person's residential address;
 (c) the person's authority to pass the defence access control point.

Power to search at defence access control point on defence premises
 (2) A special defence security official may search a person who 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 the person to undergo a search under Division 3.

Power to refuse access etc.
 (3) A special defence security official may refuse to allow a person to pass a defence access control point if:
 (a) the person refuses to comply with a requirement imposed by a special defence security official under subsection (1); or
 (b) the person hinders or obstructs a search of the person by a special defence security official under subsection (2); or
 (c) as a result of the person complying with such a requirement or undergoing such a search, a special defence security official reasonably believes that the person:
 (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) has committed, or may commit, a criminal offence on, or in relation to, the defence premises.

Additional powers if person is on defence premises
 (4) If a special defence security official refuses to allow a person to pass a defence access control point under subsection (3), a special defence security official may, if the person is on defence premises:
 (a) restrain and detain the person; or
 (b) request the person to leave the defence premises and, if he or she refuses, remove the person from the defence premises.