Terrorism (Police Powers) Act 2002

The police action that is authorised by this section when police officers respond to any incident that is declared to be a terrorist act to which this Part applies is authorising, directing or using force (including lethal force) that is reasonably necessary, in the circumstances as the police officer perceives them, to defend any persons threatened by the terrorist act or to prevent or terminate their unlawful deprivation of liberty.

A police officer does not incur any criminal liability for taking any such police action for the purposes of a police action plan of the police officer in charge of the police officers responding to the terrorist act.

This section applies only to action taken by a police officer in good faith.

If a declaration under this Part is revoked, this section continues to apply to any action taken by a police officer before the earlier of the following—

when the police officer became aware of the revocation of the declaration,

when the police officer, acting reasonably, ought to have been aware of the revocation of the declaration.

If a court finds that a purported declaration under this Part was not validly made, this section continues to apply to any action taken by a police officer before the finding as if it were a valid declaration.

This Part does not limit the powers of police officers to deal with a terrorist act, and police officers may exercise those powers whether or not the Commissioner of Police has been requested or has declined to make a declaration under this Part in relation to the terrorist act.