Northern Territory Numbered Acts

PUBLIC TRANSPORT (PASSENGER SAFETY) AMENDMENT ACT 2023 (NO 12 OF 2023) - SECT 5

After section 27

insert

27A     Transit officer to maintain safety and security

    (1)     A transit officer may take reasonable and appropriate steps in order to maintain the safety or security of the following:

    (a)     a route service;

    (b)     buses, bus stations and bus stops;

    (c)     persons on a bus, at a bus station and at a bus stop;

    (d)     transit safety vehicles;

    (e)     signs and equipment on buses, at bus stations and at bus stops.

    (2)     For subsection (1), a transit officer may use the force that is reasonably necessary.

    (3)     Without limiting subsection (1), a transit officer may use the force that is reasonably necessary for the following:

    (a)     in self-defence;

    (b)     to prevent a person from:

        (i)     harming themselves or someone else; or

        (ii)     damaging property;

    (c)     to exercise a power or perform a function for which the use of force is expressly authorised under this Act.

27B     Capsicum spray and restraints

A transit officer, other than an ex officio transit officer referred to in section 7(1)(b) or (c), lawfully using force under this Act may possess and, if reasonably necessary, use:

    (a)     a device approved by the Director that discharges oleoresin capsicum spray; and

    (b)     restraints approved by the Director.

27C     Reasonably necessary

Despite any other provision of this Act, the use of force, and in particular the use of a device or restraints referred to in section 27B, by a transit officer under this Act is reasonably necessary only if the transit officer believes on reasonable grounds that:

    (a)     the purpose for which the force, device or restraints are to be used could not reasonably be achieved in another practicable way; and

    (b)     using the force, device or restraints is reasonable in the circumstances.

27D     Director to manage use of force

    (1)     The Director must ensure that:

    (a)     to the extent practicable, force is used under this Act only:

        (i)     as a last resort; and

        (ii)     when the use of force is reasonably necessary; and

    (b)     transit officers who use force do so in accordance with this Act.

    (2)     The Director must issue directions in relation to the use of force under this Act, including as to:

    (a)     the circumstances in which, and by whom, force may be used; and

    (b)     the nature of the force that may be used in those circumstances.