New South Wales Consolidated Regulations

CRIMES (ADMINISTRATION OF SENTENCES) REGULATION 2014 - REG 304

304 Warnings

(1) A correctional officer must not discharge a firearm in the direction of a person unless the officer has first given a warning to that person of the intention to fire.

(2) For the purposes of subclause (1), and without prejudice to any other way in which a warning may be given, a warning shot is a warning.

(3) A warning shot must be fired in a direction in which no one is likely to be hit by it.

(4) A correctional officer may, without giving a warning, discharge a firearm in order to protect the officer or any other person if of the opinion that--

(a) there is a substantial probability that the officer or other person will be killed or seriously injured if the officer does not do so, and

(b) a warning would only increase that probability.