Heavy Vehicle National Law (Queensland)
sec.491Use of force against persons
Start here
Get a plain-English read of sec.491
Turn the raw legal text into a practical explanation grounded in Heavy Vehicle National Law (Queensland).
sec.491 Use of force against persons
This Chapter does not authorise— an authorised officer (or a person assisting or otherwise acting under the direction or authority of an authorised officer) to use force against a person in the exercise or purported exercise of a function under this Chapter; or without limiting paragraph (a) , a warrant to be issued under this Chapter authorising a person to use force against a person. However, subsection (1) does not affect the powers of a police officer to the extent (if any) the police officer is authorised to use force against a person under the Application Act of this jurisdiction. This section has effect despite any other provision of this Chapter in relation to the use of force against a person, even if the other provision is expressed as authorising the use of force for the purposes of the provision. (sec.491-ssec.1) This Chapter does not authorise— an authorised officer (or a person assisting or otherwise acting under the direction or authority of an authorised officer) to use force against a person in the exercise or purported exercise of a function under this Chapter; or without limiting paragraph (a) , a warrant to be issued under this Chapter authorising a person to use force against a person. (sec.491-ssec.2) However, subsection (1) does not affect the powers of a police officer to the extent (if any) the police officer is authorised to use force against a person under the Application Act of this jurisdiction. (sec.491-ssec.3) This section has effect despite any other provision of this Chapter in relation to the use of force against a person, even if the other provision is expressed as authorising the use of force for the purposes of the provision.
- (a) an authorised officer (or a person assisting or otherwise acting under the direction or authority of an authorised officer) to use force against a person in the exercise or purported exercise of a function under this Chapter; or
- (b) without limiting paragraph (a) , a warrant to be issued under this Chapter authorising a person to use force against a person.