Document ID: chunk:federal_register_of_legislation:C2024C00800:section:245f:p3
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 245F (pt 3/4)
Character Range: 750790–753473

(10).

Limit on use of force to arrest or detain person on aircraft
 (12) In arresting or detaining a person found on the aircraft, an officer:
 (a) must not use more force, or subject the person to greater indignity, than is necessary and reasonable to make the arrest or detention, or to prevent the person escaping after the arrest or detention; and
 (b) must not do anything likely to cause the person grievous bodily harm unless the officer believes on reasonable grounds that doing the thing is necessary to protect life or prevent serious injury of another person (including the officer).
This subsection has effect despite paragraph (3)(f) and subsection (10).

Limit on use of force to arrest fleeing person
 (13) In arresting a person found on the aircraft who is fleeing to escape arrest, an officer must not do anything likely to cause the person grievous bodily harm unless:
 (a) the person has, if practicable, been called on to surrender and the officer believes on reasonable grounds that the person cannot be apprehended in any other way; or
 (b) the officer believes on reasonable grounds that doing the thing is necessary to protect life or prevent serious injury of another person (including the officer).
This subsection applies in addition to subsection (12) and has effect despite paragraph (3)(f) and subsection (10).

Complying with requirement by officer
 (15) A person must not refuse or fail to comply with a requirement made by an officer under this section.
Penalty: 100 penalty units.
 (15A) Subsection (15) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (15A) (see subsection 13.3(3) of the Criminal Code).
 (15B) An offence against subsection (15) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

Evidence may be used in prosecutions etc.
 (16) To avoid doubt, if, when exercising powers under this section, an officer obtains evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, then that evidence may be used, or given to another body for use, in:
 (a) investigating the offence; or
 (b) proceedings for the prosecution for the offence.
However, this subsection does not override or limit the operation of a law of a State about the evidence that may be used in proceedings for the prosecution for an offence against a law of that State.

Section not to limit officer's other powers
 (17) This section does not limit the use by an officer of any other powers under this Act.

Definition of officer
 (18) In this section, officer means an officer within the