Page:Criminal Code Act 1995 (Australia Commonwealth).pdf/18

Criminal CodeNo 12, 1995 SCHEDULE—continued (2) A person carries out conduct in self-defence if and only if he or she believes the conduct is necessary:
 * (a) to defend himself or herself or another person; or
 * (b) to prevent or terminate the unlawful imprisonment of himself or herself or another person; or
 * (c) to protect property from unlawful appropriation, destruction, damage or interference; or
 * (d) to prevent criminal trespass to any land or premises; or
 * (e) to remove from any land or premises a person who is committing criminal trespass;

and the conduct is a reasonable response in the circumstances as he or she perceives them.

(3) This section does not apply if the person uses force that involves the intentional infliction of death or really serious injury:
 * (a) to protect property; or
 * (b) to prevent criminal trespass; or
 * (c) to remove a person who is committing criminal trespass.

(4) This section does not apply if:
 * (a) the person is responding to lawful conduct; and
 * (b) he or she knew that the conduct was lawful.

However, conduct is not lawful merely because the person carrying it out is not criminally responsible for it.