Defence: Search Warrants

Mr Melham asked the Minister Assisting the Minister for Defence, upon notice, on 8 December 2004:

1. For each financial year since 1996-1997, how many search warrants were obtained under section 101X of the Defence Force Discipline Act 1982.
2. In respect of each warrant in part (1), (a) what alleged offence were specified in the warrant, (b) where were the warrants executed (i.e. on a ship, aircraft or vehicle; military, naval or air base; other Department of Defence property; private residence or other place), and (c) how many persons were (i) charged with, and (ii) convicted of, an offence or offences under the Defence Force Discipline Act 1982 following the execution of a search warrant or warrants.

Mrs Kelly - The answer to the honourable member's question is as follows:

The Navy and the Air Force do not maintain a central search warrant register or database. To collect and assemble such information solely for the purpose of answering the question would be a major task, and I am not prepared to authorise the expenditure and effort that would be required. The answers provided below are for the Army which does maintain a central register.

1. 
   

   ARMY
   1996-97	1
   1997-98	3
   1998-99	0
   1999-2000	1
   2000-01	1
   2001-02	9
   2002-03	7
   2003-04	35
   2004-05	11

2.  
   1. The alleged offences specified include:
      • assault;
      • damage to service property;
      • dangerous conduct;
      • disobey lawful general order;
      • drug abuse;
      • failure to comply with a lawful general order;
      • failure to comply with a lawful general order and dangerous behaviour;
      • fraud;
      • making false entry in service document;
      • making false service document;
      • malingering;
      • obstruct service police;
      • offences based on territorial offences/act of indecency;
      • possession of cannabis in Australia;
      • using cannabis.
      • prejudicial behaviour;
      • prejudicial conduct;
      • theft; and
      • unlawful possession.
   2. The warrants were executed on private motor vehicles, private and service residences, military bases, Department of Defence medical facilities, living-in accommodation and civilian places of business.
   3.  
   1. 24.
   2. 21.

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