Terrorism (Police Powers) Act 2005

A police officer does not incur any criminal liability for 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 an incident that is the subject of a terrorist act declaration or to prevent or terminate their unlawful deprivation of liberty.

Subsection (1) does not apply to an action of a police officer—

that was in contravention of an order of the police officer in charge of the police officers responding to the incident; or

that was not in good faith.

If a terrorist act declaration 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 terrorist act declaration 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 terrorist act declaration in relation to the terrorist act.