Document ID: chunk:federal_register_of_legislation:C2025C00176:section:51n
Version: federal_register_of_legislation:C2025C00176
Segment Type: section
Provision Reference: s 51N
Character Range: 111499–113968

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.