New South Wales Consolidated Regulations

CRIMES (ADMINISTRATION OF SENTENCES) REGULATION 2014 - REG 303

303 Authority to discharge firearms

(1) A correctional officer may discharge a firearm--

(a) to protect the officer or any other person if the officer believes on reasonable grounds that there is a substantial probability that the officer or other person will be killed or seriously injured if the officer does not discharge the firearm, or

(b) if the officer believes on reasonable grounds that it is necessary to do so in order--

(i) to prevent the escape of an inmate, or

(ii) to prevent an unlawful attempt to enter a correctional centre or to free an inmate, or

(iii) to attract the immediate attention of correctional officers or other persons to a serious breach of correctional centre security that has arisen or is likely to arise, or

(c) to give a warning in accordance with this Regulation.

(2) Despite subclause (1), a correctional officer must not discharge a firearm at a person if the officer has reasonable grounds to believe that the shot may hit a person other than the person at whom it is directed.