Customs Act 1901

PART XII - OFFICERS  

Division 1BA - Detention and search of persons for purposes of law enforcement co-operation  

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History

Div 1BA inserted by No 111 of 2004, s 3 and Sch 1 item 1, effective 14 July 2004.

Subdivision C - Matters affecting detention generally  

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Subdiv C inserted by No 111 of 2004, s 3 and Sch 1 item 1, effective 14 July 2004.

SECTION 219ZJG   USE OF FORCE IN RELATION TO DETENTION  

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219ZJG(1)   [Reasonable use of force allowed]  

An officer exercising powers under this Division in relation to a person must not use more force, or subject the person to greater indignity, than is reasonable and necessary.

219ZJG(2)   [Restriction on use of force]  

Without limiting the generality of subsection (1), an officer must not, in detaining or attempting to detain a person under this Division, or preventing or attempting to prevent a detained person from escaping from detention under this Division, do an act likely to cause death or grievous bodily harm to the person, unless the officer believes on reasonable grounds that doing the act is necessary to protect life or prevent serious injury to the officer or any other person.

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History

S 219ZJG inserted by No 111 of 2004, s 3 and Sch 1 item 1, effective 14 July 2004.

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