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DEFENCE ACT 1903 - SECT 51N Use of reasonable and necessary force

DEFENCE ACT 1903 - SECT 51N

Use of reasonable and necessary force

  (1)   A member of the Defence Force who is being utilised under a call out order (whether or not the member is exercising a power under this Part):

  (a)   may use such force against persons and things as is reasonable and necessary in the circumstances (subject to subsections   ( 2) and (3)); and

  (b)   if using force against persons--must do so in accordance with this section.

Restrictions on use of force

  (2)   A member of the Defence Force must not use force against persons or things in exercising a power under paragraph   46(7)(h), 51D(2)(i) or 51L(3)(g) to direct a person to answer a question put by a member of the Defence Force, or to produce to a member of the Defence Force a particular document that is readily accessible to the person.

  (3)   In using force against a person, a member of the Defence Force must not do anything that is likely to cause the death of, or grievous bodily harm to, the person unless:

  (a)   the member believes on reasonable grounds that doing that thing:

  (i)   is necessary to protect the life of, or to prevent serious injury to, a person (including the member); or

  (ii)   in relation to powers exercised under Division   5--is necessary to protect the declared infrastructure in respect of which the powers are being exercised against the domestic violence or threat specified in the call out order; or

  (iii)   in relation to powers exercised under paragraph   46(5)(d) or (e)--is reasonable and necessary to give effect to the order under which, or under the authority of which, the member is acting; and

  (b)   if a person against whom force is to be used is attempting to escape being detained by fleeing--the person has, if practicable, been called on to surrender and the member believes on reasonable grounds that the person cannot be apprehended in any other manner.

Note:   Division   5 provides powers in relation to declared infrastructure. Paragraphs 46(5)(d) and (e) allow measures to be taken against aircraft and vessels.

  (4)   In using force against a person (except when exercising a power under paragraph   46(5)(d) or (e)), a member of the Defence Force must not subject a person to greater indignity than is reasonable and necessary in the circumstances.

  (5)   A reference in this section to using force against a person is taken to include a reference to using force against a thing if the use of force against the thing is likely to cause the death of, or grievous bodily harm to, a person.