Terrorism (Extraordinary Powers) Act 2005

The police action authorised under a declaration, when police officers respond to a declared incident, is the authorisation, direction or use of force (including lethal force) that a police officer believes, on reasonable grounds, is necessary to —

defend a person threatened by the incident; or

prevent a person from being detained or end the detention of a person.

A police officer who does something that, apart from this section, would be an offence is not criminally responsible for the offence if the thing constitutes police action authorised under a declaration.

Nothing in this section limits the availability of any justification, excuse or defence under Chapter V or Chapter XXVI of The Criminal Code.

If a declaration is revoked, this section continues to apply to any action taken by a police officer before the police officer became aware of the revocation.

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