Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 210A

  (1)   An officer of Customs or police must not, in the course of arresting a person under section   210, use more force, or subject the person to greater indignity, than is necessary and reasonable to make the arrest or to prevent the escape of the person after the arrest.

  (2)   Without limiting the operation of subsection   (1), an officer of Customs or police must not, in the course of arresting a person under section   210, do anything that is likely to cause the death of, or grievous bodily harm to, the person unless:

  (a)   the officer believes on reasonable grounds that doing that thing is necessary to protect life or to prevent serious injury to another person (including the officer); or

  (b)   if the person is attempting to escape arrest by fleeing:

  (i)   the officer believes on reasonable grounds that doing that thing is necessary to protect life or to prevent serious injury to another person (including the officer); and

  (ii)   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 manner.