Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 72

             (1)  A special defence security official may seize a thing (including a vehicle, vessel or aircraft or an unattended thing) on defence premises, or a thing found as a result of a search (including a limited search) under this Part, if the official believes on reasonable grounds that the thing may:

                     (a)  constitute a threat to the safety of a person on the defence premises; or

                     (b)  relate to a criminal offence committed, or that may be committed, on or in relation to the defence premises.

             (2)  If a special defence security official seizes a thing under subsection (1):

                     (a)  a security authorised member of the Defence Force may take such action as is reasonable and necessary to make the thing safe or prevent the thing being used; and

                     (b)  if the official seized the thing from a person--a special defence security official must, if it is practicable to do so, give the person a receipt for the thing; and

                     (c)  if the official believes on reasonable grounds that the thing has been used or otherwise involved in the commission of a criminal offence--a special defence security official must give the thing to a member or special member of the Australian Federal Police or a member of the police force of a State or Territory at the earliest practicable time; and

                     (d)  if paragraph (c) does not apply:

                              (i)  if the official seized the thing from a person and it is practicable to do so--a special defence security official must return the thing to the person within 7 days; or

                             (ii)  otherwise--a special defence security official must give it to a member or special member of the Australian Federal Police or a member of the police force of a State or Territory at the earliest practicable time.