Commonwealth Consolidated Acts

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MARITIME POWERS ACT 2013 - SECT 37

Using force

  (1)   In exercising powers under this Act , a maritime officer may use such force against a person or thing as is necessary and reasonable in the circumstances.

  (2)   The maritime officer must not :

  (a)   subject a perso n to greater indignity than is necessary and reasonable to exercise the powers ; or

  (b)   do anything that is likely to cause the death of, or grievous bodily harm to, a person unless:

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

  (ii)   if the person is attempting to escape arrest by fleeing--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.


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