Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 51T

             (1)  A member of the Defence Force may, in exercising any power under Division 2, 2A, 3, 3A or 3B or this Division, use such force against persons and things as is reasonable and necessary in the circumstances.

          (1A)  However, subsection (1) does not apply to the powers under Subdivision E of Division 3A.

          (1B)  To avoid doubt, any use of force by a member of the Defence Force under this Part must be in accordance with this section.

Further restrictions on use of force

             (2)  Despite subsection (1), in exercising powers under Division 2, 3 or 3A (other than subparagraph 51SE(1)(a)(i) or (ii)) or this Division, a member of the Defence Force must not, in using force against a person:

                     (a)  do anything that is likely to cause the death of, or grievous bodily harm to, the person unless the member believes on reasonable grounds that doing that thing is necessary to protect the life of, or to prevent serious injury to, another person (including the member); or

                     (b)  subject the person to greater indignity than is reasonable and necessary in the circumstances.

          (2A)  Despite subsection (1), in exercising powers under Division 2A, a member of the Defence Force must not, in using force against a person:

                     (a)  do anything that is likely to cause the death of, or grievous bodily harm to, the person unless the member believes on reasonable grounds that doing that thing is necessary to:

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

                             (ii)  protect, against the threat concerned, the designated critical infrastructure in respect of which the powers are being exercised; or

                     (b)  subject the person to greater indignity than is reasonable and necessary in the circumstances.

          (2B)  Despite subsection (1), in exercising powers under subparagraph 51SE(1)(a)(i) or (ii) or Division 3B, a member of the Defence Force must not, in using force against a person or thing, do anything that is likely to cause the death of, or grievous bodily harm to, the person unless the member believes on reasonable grounds that:

                     (a)  doing that thing is necessary to protect the life of, or to prevent serious injury to, another person (including the member); or

                     (b)  doing that thing is necessary to protect designated critical infrastructure against a threat of damage or disruption to its operation; or

                     (c)  doing that thing is necessary and reasonable to give effect to the order under which, or under the authority of which, the member is acting.

             (3)  In addition, if a person is attempting to escape being detained by fleeing, 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 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.