Document ID: chunk:federal_register_of_legislation:C2004A00711:clause:1_51v
Version: federal_register_of_legislation:C2004A00711
Segment Type: clause
Provision Reference: sch 1 cl 51V
Character Range: 32831–34181

51V  Action to be taken if dangerous things are seized

  If a member of the Defence Force seizes a dangerous thing under Division 2 or 3, the member:
 (a) may take such action as is reasonable and necessary to make the thing safe or prevent it being used; and
 (b) if the member seized the thing from a person—must, if it is practicable to do so, give the person a receipt for the thing; and
 (c) if 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—must give the thing to a member of a police force at the earliest practicable time; and
 (d) if paragraph (c) does not apply—must:
 (i) if the member seized the thing from a person and it is practicable to do so—return the thing to the person; or
 (ii) if not, give it to a member of a police force; and
 (e) if:
 (i) the member seized the thing from a person; and
 (ii) the member believes on reasonable grounds that the person used the thing in the commission of an offence against a law of the Commonwealth, a State or a Territory;
  may detain the person for the purpose of placing him or her in the custody of a member of a police force at the earliest practicable time.

Subdivision C—Members not entitled to exercise powers if obligations not complied with