Document ID: chunk:federal_register_of_legislation:C2018A00158:clause:1_46:p2
Version: federal_register_of_legislation:C2018A00158
Segment Type: clause
Provision Reference: sch 1 cl 46 (pt 2/3)
Character Range: 39340–41943

or vessel, up to and including destroying the aircraft or vessel (subject to subsection (6));
 (e) give an order relating to the taking of measures referred to in paragraph (d) of this subsection (subject to subsection (6)).
 (6) Paragraphs (5)(d) and (e) do not authorise taking a measure against an aircraft or vessel, or the giving of an order (the member's order) in relation to taking such a measure, unless:
 (a) the member of the Defence Force takes the measure, or gives the member's order, under, or under the authority of, an order (the superior's order) of a superior; and
 (b) the member was under a legal obligation to obey the superior's order; and
 (c) the superior's order was not manifestly unlawful; and
 (d) the member has no reason to believe that circumstances have changed in a material way since the superior's order was given; and
 (e) the member has no reason to believe that the superior's order was based on a mistake as to a material fact; and
 (f) taking the measure, or giving the member's order, was reasonable and necessary to give effect to the superior's order.

Additional powers
 (7) The member may, in connection with taking any action mentioned in subsection (5), do any one or more of the following:
 (a) free any hostage from a location (including a facility) or thing;
 (b) control the movement of persons or of means of transport;
 (c) evacuate persons to a place of safety;
 (d) search persons, locations or things for things that may be seized, or persons who may be detained, in relation to the call out order;
 (e) seize any thing found in the search that the member believes on reasonable grounds is a thing that may be seized in relation to the call out order;
 (f) detain any person found in the search that the member believes on reasonable grounds is a person who may be detained in relation to the call out order for the purpose of placing the person in the custody of a member of a police force at the earliest practicable time;
 (g) provide security (whether or not armed, and whether or not with a police force) including by patrolling or securing an area or conducting cordon operations;
 (h) direct a person to answer a question put by the member, or to produce to the member a particular document that is readily accessible to the person, (including by requiring the person to provide identification to the member);
 (i) operate, or direct a person to operate, a facility, machinery or equipment (including electronic equipment) in a particular manner (whether or not the facility, machinery or equipment is on a facility or means of transport).