Section 60
I was in the process of writing a post about Sue Bradford's bill to repeal section 59 of the Crimes Act,* when I came up with some really interesting information. There are two sections under 'Powers of Discipline' which give defences against assault charges. One is Section 59, and has been reasonably well covered. Does anyone know what section 60 of the Crimes Act says? Take a guess.
It says this:
(1)The master or officer in command of a ship on a voyage or the pilot in command of an aircraft on a flight is justified in using and ordering the use of force for the purpose of maintaining good order and discipline on board his ship or aircraft if he believes on reasonable grounds that the use of force is necessary, and if the force used is reasonable in the circumstances.Huh.
(2)Every one acting in good faith is justified in using force in obedience to any order given by the master or officer or pilot in command for the purpose aforesaid, if the force used is reasonable in the circumstances.
(3)The reasonableness of the grounds of which the use of force was believed to be necessary, and the reasonableness of the force used, are questions of fact.
*Currently section 59 gives you an defence if you assault a child as long as you are acting in place of their parent and you're doing is correction.