If you act in self defence against a 'lawful attack' by police or other law enforcement agents, however this can only be used in exceptional circumstances since if you are in a situation where police have to apprehend you, it could be reasonably expected that they would use force.
Other than body armour vests, weapons are illegal to carry or use for self-defence purposes in Australia generally.
If they do not have a lawful reason to ask for your identification, then you do not have to disclose it. Police must also advise you of the consequences of failing to comply with their request. If they are in plain clothes, they must also produce identification to prove that they are in fact a police officer.
Whilst every state in Australia deals with this issue a little differently, the overarching principle is that self-defense must only be used where a person believes on reasonable grounds that it is necessary to do what they did in order to protect themselves, another person or their property.
Assaulting a Police Officer carries a maximum penalty of 5 years in prison. The maximum penalty increases to 7 years in prison where you inflicted 'actual bodily harm' on the officer which is harm that is more than 'transient or trifling' and includes lasting cuts or bruises.
If you swear at a cop, then, you could receive an on-the-spot fine, or even be arrested and taken to a police station. If that happens, you may end up in court, and – worst case scenario – end up imprisoned for as long as six months.
It's all about what's reasonable under the circumstances.
Police officers are generally allowed to use reasonable force to take a person into custody. For example, if a suspect resists by momentarily attempting to run away or giving a token push, an officer wouldn't be justified in using extreme force.
Self defence cannot excuse the use of force in order to avoid a threat of personal injury, property damage or trespass to land which is known to arise from the lawful conduct of another person.
White Australia policy, formally Immigration Restriction Act of 1901, in Australian history, fundamental legislation of the new Commonwealth of Australia that effectively stopped all non-European immigration into the country and that contributed to the development of a racially insulated white society.
If you are in reasonable fear and your use of force is justified, you cannot face criminal charges for any harm you cause your aggressor. A few points: Note that self-defense is about the prevention of harm, not retaliation.
The answer is yes. During an arrest, police can seize property, including your phone. According to sections 27 and 28A of LEPRA, police can search your possessions during or after an arrest if there's reasonable suspicion that the item could be used in a crime, allow escape, or provide evidence.
Is it legal to film police? (filming police) You have a legal right to film in public. Therefore, you can film or take photos of police when they are performing their duties if they are in public.
There is no law that says you have to carry ID, BUT if a police officer believes you have given a false name, address or age, they can detain you to figure out who you are. If you are driving a car (including on a 'L' or 'P' plate) then it is an offence to fail to produce your driver's licence if the police request it.
The legal definition of a knife in Australia is any instrument with a cutting edge or blade, and designed to be used as a weapon. It is illegal to carry any type of knife in a public place in Australia, except for utility knives, such as a Swiss Army knife or a pocket knife with a blade no longer than 10 cm.
you cannot have possession of an offensive implement in a public place or school without reasonable cause and this would include swords.
Under the Marketing of Potatoes Act 1946, it was illegal for anyone to sell, purchase, take delivery of and deliver more than 50kg of everybody's favourite tuber. Those provisions included carrying that amount in your vehicle unless you were a member of the Potato Corporation or an authorised agent of said Corporation.
Rights and protections
The Australian Government is committed to protecting and promoting traditional rights and freedoms, including freedom of speech, opinion, religion, association and movement.
𝗙𝗨𝗡 𝗙𝗔𝗖𝗧 𝗙𝗥𝗜𝗗𝗔𝗬! It is illegal to dress up as Batman and Robin in Australia. Dressing up as the dynamic duo is the same as dressing up as police officers', as the pair is integral to law enforcement.
The law says you can't carry, possess or use a weapon to hurt people or to defend yourself. If the police believe you are illegally carrying a weapon, they can search you and your car without a warrant. If they find a weapon, they can take it from you. Weapon offences can be very serious.
In New South Wales, Victoria, Northern Territory, and South Australia – it is illegal to carry a weapon, even for self-defence.
Is pepper spray legal? Pepper spray is legal in Perth and throughout Western Australia. Unlike in WA, pepper spray is classed as a prohibited weapon in all other states of Australia (NSW, NT, SA, VIC & QLD) and, therefore, cannot be owned or used in self-defence against another person.
Police may use as much force as is reasonably necessary to arrest a person including using handcuffs or restraints.
A police officer can stop, search and detain vehicles, vessels (ships and boats) and people without a search warrant where there is reasonable cause to suspect the presence of stolen goods, possession of an object constituting an offence, or there is evidence of an indictable offence [see Summary Offences Act 1953 (SA) ...
If a use of force is deemed to be 'excessive' and beyond what is considered reasonable, the officers actions will be found unlawful. This leaves them open to charges, similar to any normal citizen. In addition, you may also be able to sue the NSW Police Force for compensation in civil proceedings.