Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section is about defensive equipment.
(2) Defensive equipment is:
(a) a bulletproof vest; or
(b) an extendible baton; or
(c) handcuffs; or
(d) other equipment prescribed under the regulations.
(3) The CEO may authorise an officer to be issued with, carry, use and store defensive equipment if the CEO considers:
(a) it is reasonably necessary for the officer to use the equipment in order to perform functions or exercise powers under this Act; and
(b) the officer has received adequate training in the effective, lawful and safe carriage, use and storage of defensive equipment.
(4) The CEO may make the authorisation subject to conditions.
(5) The officer may use the defensive equipment if the officer considers it is reasonably necessary to do so in order to perform functions or exercise powers under this Act or the regulations, subject to:
(a) any conditions in the CEO's authorisation; and
(b) section 87J.
(6) A person commits an offence if:
(a) the person has been issued with defensive equipment; and
(b) the person stops being an officer; and
(c) the person does not, as soon as practicable, return the defensive equipment to the CEO.
(7) Subsection (6) does not apply if the person has a reasonable excuse for not returning the defensive equipment to the CEO as soon as practicable.
Note: A defendant bears an evidential burden in relation to the matter in subsection (7): see subsection 13.3(3) of the Criminal Code .
(8) An offence against subsection (6) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .