Queensland bill

Criminal Code (Defence of Dwellings and Other Premises—Castle Law) Amendment Bill 2026

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Jurisdiction

Queensland

Making Date

2026-01-01

Collection

bill

Parliamentary Progress

IntroducedFirst ReadingSecond ReadingCommitteePassed HousePassed SenatePassed BothRoyal Assent

Plain English Summary

3/10 complexity

**What this Bill changes (mechanics)

Replaces the existing single section about defending a dwelling with a new section titled "Defence of dwelling or other premises." (s 267)
Says an owner or occupier of a dwelling or other premises — and a person helping them or acting under their direction — may lawfully use force against someone they reasonably believe is unlawfully entering or remaining. (s 267(1))
Limits when force that is intended or likely to cause death or very serious injury (grievous bodily harm) is allowed. Deadly or grievous-force is only authorised if one of two sets of conditions is met: either (a) certain facts about the intruder are present (night entry; actual or threatened violence; being or pretending to be armed; being with others; damaging or threatening to damage property), or (b) the defender reasonably believes the intruder intends to commit an indictable offence in the premises or the force is necessary to prevent death or bodily harm to themselves or another. (s 267(2)(a)–(b))
Keeps the old version of s 267 applicable to uses of force that happened before the new law starts; the new s 267 applies after commencement. (Transitional provision, ch 115, s 772)

Who this affects

Owners and occupiers of dwellings and "other premises" (the text does not narrowly define "other premises"). (s 267(1))
People who assist or act under the direction of an owner/occupier (they share the same legal authorisation). (s 267(1))
People who unlawfully enter or remain (labelled "intruders" in the Bill) and anyone assessing or prosecuting a use of force (police, prosecutors, courts).

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Source excerpts

Direct links to excerpts of the current source text in Criminal Code (Defence of Dwellings and Other Premises—Castle Law) Amendment Bill 2026.

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Document excerpt 1

Criminal Code (Defence of Dwellings and Other Premises—Castle Law) Amendment Bill 2026

Queensland Criminal Code (Defence of Dwellings and Other Premises—Castle Law) Amendment Bill 2026

Queensland Criminal Code (Defence of Dwellings and Other Premises—Castle Law) Amendment Bill 2026 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Code amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Replacement of s 267 (Defence of dwelling) . . . . . . . . . . . . . . . . 4 267 Defence of dwelling or other premises . . . . . . . . . . . 4 4 Insertion of new pt 9, ch 115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Chapter 115 Transitional provision for Criminal Code (Defence of Dwellings and Other Premises—Castle Law) Amendment Act 2026 772 Use of force in defence of dwelling or other premises 6

2026 A Bill for An Act to amend the Criminal Code for particular purposes

[s 1] Criminal Code (Defence of Dwellings and Other Premises—Castle Law) Amendment Bill 2026 Page 4 Authorised by the Parliamentary Counsel The Parliament of Queensland enacts— 1 Short title This Act may be cited as the Criminal Code (Defence of Dwellings and Other Premises—Castle Law) Amendment Act 2026. 2 Code amended This Act amends the Criminal Code. 3 Replacement of s 267 (Defence of dwelling) Section 267— omit, insert— 267 Defence of dwelling or other premises (1) It is lawful for the owner or occupier of a dwelling or other premises, and a person helping the owner or occupier or acting under the owner’s or occupier’s direction, to use force against another person (the intruder) if the person using the force reasonably believes the force is necessary to prevent the intruder from— (a) unlawfully entering the dwelling or other premises; or (b) unlawfully remaining in the dwelling or other premises. (2) However, this section does not authorise the use of force that is intended or is likely to cause the death of, or grievous bodily harm to, the intruder unless— (a) the intruder— (i) enters or attempts to enter the dwelling or other premises in the night; or 1 Clause 2 3 4 5 Clause 6 7 Clause 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

[s 4] Criminal Code (Defence of Dwellings and Other Premises—Castle Law) Amendment Bill 2026 Page 5 Authorised by the Parliamentary Counsel (ii) uses or threatens to use actual violence; or (iii) is or pretends to be armed with a dangerous or offensive weapon or instrument, or a noxious substance; or (iv) is in company with 1 or more persons; or (v) damages, or threatens or attempts to damage, any property; or (b) the person using the force reasonably believes that— (i) the intruder is attempting to enter, or to remain in, the dwelling or other premises with intent to commit an indictable offence in the dwelling or other premises and the force is necessary to prevent the commission of the offence; or (ii) the use of the force is necessary to prevent the death of, or bodily harm to, the person or another person. 4 Insertion of new pt 9, ch 115 Part 9— insert— Chapter 115 Transitional provision for Criminal Code (Defence of Dwellings and Other Premises—Castle Law) Amendment Act 2026 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Clause 22 23 24 25 26 27 28 29 30

[s 4] Criminal Code (Defence of Dwellings and Other Premises—Castle Law) Amendment Bill 2026 Page 6 Authorised by the Parliamentary Counsel 772 Use of force in defence of dwelling or other premises (1) Despite the Criminal Code (Defence of Dwellings and Other Premises—Castle Law) Amendment Act 2026, former section 267 continues to apply in relation to a use of force before the commencement. (2) New section 267 applies in relation to a use of force after the commencement. (3) In this section— former section 267 means section 267 as in force from time to time before the commencement. new section 267 means section 267 as in force from the commencement. 1 2 3 4 5 6 7 8 9 10 11 12 13 14

Source text

Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.