Commonwealth Numbered Acts

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MARITIME TRANSPORT SECURITY ACT 2003 No. 131, 2003 - SECT 163

Maritime security guards' power to physically restrain persons
(1)
A maritime security guard may physically restrain a person if:

(a) the maritime security guard reasonably suspects that the person is committing, or has committed, an offence against this Act; and
(b) the maritime security guard reasonably believes it is necessary to do so in order to:
(i) ensure that a person who is not cleared is not in a cleared area; or
(ii) maintain the integrity of a maritime security zone.

(2)
If a person is restrained under subsection (1), the maritime security guard may detain the person until the person can be dealt with by a law enforcement officer.

(3)
In exercising a power under subsection (1) or (2), a maritime security guard must not use more force, or subject a person to greater indignity, than is necessary and reasonable.



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