Summary
The Defence Force Discipline Act (DFDA) does not automatically trigger the Regulatory Powers Act for search and seizure. Military police must apply for a retaining order if they wish to retain seized items beyond 60 days. This involves submitting a formal request to a commanding officer or military tribunal, including justification for retention. If no application is made, the item should be returned to the owner. Owners can formally request the return of their property and may consider legal action if there is no response.Full Conversation
Under the dfda is the regulatory Powers ack triggered for search and sezure of belongings
The Defence Force Discipline Act (DFDA) in New South Wales does not automatically trigger the Regulatory Powers Act for search and seizure. However, specific provisions under the DFDA may allow for search and seizure under certain circumstances.
Do you need more detailed information on the specific provisions or any particular situation?
Yes why doesn't it apply
The Defence Force Discipline Act (DFDA) and the Regulatory Powers Act operate under different scopes and contexts. The Regulatory Powers Act generally doesn't apply automatically under the DFDA because the DFDA has its own provisions for handling disciplinary matters within the Defence Force, including search and seizure.
Could you please provide more details about your particular situation or the specific provisions you are referring to? This will help me give you more precise information.
Does the military police have to apply for a retaining order once 60 days is up after an item is seized
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The military police may need to apply for a retaining order once 60 days have passed after an item is seized. This would typically depend on the specific regulations and circumstances under the Defence Force Discipline Act (DFDA).
Would you like more detailed information on the applicable provisions or any specific details about your situation?
Yes what are the specific regulations
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The specific regulations under the Defence Force Discipline Act (DFDA) relating to the retention of seized items by military police are as follows:
- Military police must apply for a retaining order if they wish to retain seized items beyond 60 days.
- The application must be made to a relevant authority, such as a commanding officer or a military tribunal.
Would you like more detailed information about the application process or any other specific provisions?
Yes
Case Rating: *
The military police must indeed apply for a retaining order if they wish to retain seized items beyond 60 days. The application process typically involves submitting a request to a commanding officer or a military tribunal.
Would you like more detailed information about the application process or any other specific provisions?
Yes more detail
Case Rating: *
The application process for a retaining order under the Defence Force Discipline Act (DFDA) generally includes the following steps:
- The military police must submit a formal request to retain the seized item.
- This request is made to a commanding officer or military tribunal.
- The request should include justification for retaining the item beyond the initial 60 days.
If you need assistance with a specific detail or situation, please let me know!
What happens if they do not apply for a retention order
Case Rating: *
If the military police do not apply for a retention order after 60 days, the seized item must generally be returned to the owner. Would you like more detailed information on what specific actions you can take in this scenario?
Yes
Case Rating: *
If the military police do not apply for a retention order after 60 days, the owner is typically entitled to have their seized item returned.
You could consider the following actions:
- Request the return of your property formally.
- If there is no response, you may consider legal action to reclaim your property.
Would you like more specific information on how to formally request the return of your property?
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