Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MARITIME TRANSPORT AND OFFSHORE FACILITIES SECURITY ACT 2003 - SECT 163

Maritime security guards' power to physically restrain persons

  (1)   A maritime security guard may physically restrain a person if:

  (a)   the maritime security guard reasonably suspects that the person is committing, or has committed, an offence against this Act; and

  (b)   the maritime security guard reasonably believes it is necessary to do so in order to:

  (i)   ensure that a person who is not cleared is not in a cleared area; or

  (ii)   maintain the integrity of a maritime security zone.

  (2)   If a person is restrained under subsection   (1), the maritime security guard may detain the person until the person can be dealt with by a law enforcement officer.

  (3)   In exercising a power under subsection   (1) or (2), a maritime security guard must not use more force, or subject a person to greater indignity, than is necessary and reasonable.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback