Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.