46Special powers generally authorised by Minister

46  Special powers generally authorised by Minister When special powers may be exercised  (1) A member of the Defence Force who is being utilised under a call out order may, under the command of the Chief of the Defence Force, take an action under subsection (5), or exercise a power under subsection (7) or (9) in relation to taking such an action, if:  (a) an authorising Minister has authorised in writing taking the action; or  (b) the member believes on reasonable grounds that there is insufficient time to obtain the authorisation because a sudden and extraordinary emergency exists. Note: An authorisation for the purposes of paragraph (1)(a) that relates to an expedited order is not required to be in writing (see section 51W).  (2) An authorising Minister may, under paragraph (1)(a), authorise taking an action in relation to a contingent call out order even if the circumstances specified in the order have not yet arisen.  (3) An authorising Minister must not, under paragraph (1)(a), authorise the taking of measures against an aircraft or vessel, or the giving of an order in relation to the taking of such a measure, under paragraph (5)(d) or (e) unless the Minister is satisfied that taking the measure:  (a) is reasonable and necessary; or  (b) for a contingent call out order—would be reasonable and necessary if the circumstances specified in the order were to arise.  (4) Without limiting paragraph (1)(a), the taking of an action may be authorised under that paragraph in relation to:  (a) particular domestic violence or a particular threat specified in the call out order; or  (b) any domestic violence or threat specified in the call out order. Note: For example, the taking of a particular action may be authorised for domestic violence specified in the order, while the taking of different action may be authorised for a threat specified in the order. Taking authorised actions  (5) The member may take any one or more of the following actions:  (a) capture or recapture a location (including a facility) or thing;  (b) prevent, or put an end to:  (c) protect any persons from:  (d) take measures (including the use of force) against an aircraft (whether or not the aircraft is airborne) 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). Note 2: See also sections 51P (persons to be informed of certain matters if detained), 51Q (actions to be taken if things seized) and 51R (offence for failing to comply with a direction).  (8) A member who controls the movement of persons or of means of transport under paragraph (7)(b) must not do so for longer than is reasonable and necessary in the circumstances. Incidental powers  (9) The member may do anything incidental to anything in subsection (5) or (7), including enter any place or premises or board an aircraft or vessel.  (10) To avoid doubt, no paragraph of subsection (5) or (7) limits the operation of any other paragraph of either of those subsections. Division 4—Powers exercised in specified areas