Part 4Arrest and search
96Searches to prevent smuggling, etc
Where any commanding officer has, in order to discourage smuggling, or trafficking in duty-free goods or in controlled drugs, or illegal possession of controlled drugs, established a checking area or checkpoint within the limits of his command and ordered any member of the Armed Forces under his command to carry out searches, that member may detain and search—
- any person subject to this Act (including any clothing or any other article of any description worn by him) who is within the checking area or about to pass through the checkpoint, as the case may be; or
- any ship, vehicle, or aircraft, or any container, receptacle, or parcel, or any other thing whatsoever, that is in the possession or under the control of any such person who is within the checking area or about to pass through the checkpoint.
If on any such search a member of the Armed Forces has reasonable grounds to suspect that any goods in the possession of the person searched are being smuggled or trafficked, or are controlled drugs, he may take possession of them, in which event they shall be disposed of in accordance with section 99.
Notes
- Section 96(1): amended, on , by section 105(1) of the Defence Act 1990 (1990 No 28).
- Section 96(1): amended, on , by section 22 of the Armed Forces Discipline Amendment Act 1985 (1985 No 199).
- Section 96(2): amended, on , by section 105(1) of the Defence Act 1990 (1990 No 28).
- Section 96(2): amended, on , by section 8 of the Armed Forces Discipline Amendment Act 1988 (1988 No 89).