Commonwealth Consolidated Acts

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 101Z

             (1)  An investigating officer may:

                     (a)  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, whom the investigating officer believes on reasonable grounds to be carrying anything connected with a service offence; or

                     (b)  enter upon land, or upon or into premises or a ship, aircraft or vehicle, on or in which the investigating officer believes on reasonable grounds that any thing connected with a service offence is situated and search the land, premises, ship, aircraft or vehicle, as the case may be;

and may seize any such thing found in the course of the search if:

                     (c)  the investigating officer believes on reasonable grounds that it is necessary to do so in order to:

                              (i)  prevent its concealment, loss or destruction; or

                             (ii)  prevent its use in committing, continuing or repeating a service offence; and

                     (d)  the search or entry and search, as the case may be, is made in circumstances of such seriousness and urgency as to require and justify immediate search or entry and search, as the case may be, without the authority of a warrant issued under section 101X or 101Y.

             (2)  Where an investigating officer believes on reasonable grounds that a defence member or defence civilian is, without lawful authority or reasonable excuse, carrying an offensive weapon, or any thing connected with a serious service offence, the investigating officer may:

                     (a)  stop the defence member or defence civilian;

                     (b)  search the defence member or defence civilian, and the clothing being worn by, and property under the immediate control of, the defence member or defence civilian, as the case may be; and

                     (c)  seize any such weapon or thing found in the course of the search.

             (3)  Where an investigating officer believes on reasonable grounds that an offensive weapon, or any thing connected with a serious service offence, is in a ship, aircraft or vehicle, the investigating officer may:

                     (a)  stop the ship, aircraft or vehicle;

                     (b)  enter upon or into the ship, aircraft or vehicle;

                     (c)  search the ship, aircraft or vehicle; and

                     (d)  seize any such weapon or thing found in the course of the search.

             (4)  An investigating officer conducting a search in accordance with paragraph (1)(a) may:

                     (a)  require a person to remove any clothing that the person is wearing; and

                     (b)  if the person refuses or fails to comply with the requirement--remove the clothing.

             (5)  A person shall not be searched by, or in the presence of, a person who is not of the same sex as the first-mentioned person.

             (6)  In subsections (2) and (3), offensive weapon means any thing:

                     (a)  made or adapted for use for causing death or bodily injury; or

                     (b)  intended by the person having it for such use.