Document ID: chunk:federal_register_of_legislation:C2011A00019:clause:1_72h
Version: federal_register_of_legislation:C2011A00019
Segment Type: clause
Provision Reference: sch 1 cl 72H
Character Range: 40685–41906

72H  Use of force involving death or grievous bodily harm by security authorised members of the Defence Force in responding to an attack
 (1) Despite subsection 72G(1), a security authorised member of the Defence Force must not, in using force against a person in exercising powers under this Part, 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 prevent the death of, or serious injury to, another person (including the official); and
 (b) the threat of death or injury is caused by an attack on defence premises, or on people on defence premises, that is occurring or is imminent.
 (2) In addition to the limitations in paragraphs (1)(a) and (b), if a person is attempting to escape being detained by fleeing, a security authorised member of the Defence Force must not, in exercising powers under this Part, do anything that is likely to cause the death of, or grievous bodily harm to, the person unless:
 (a) the person has, if practicable, been called on to surrender; and
 (b) the official believes on reasonable grounds that the person cannot be apprehended in any other manner.