NSW has good anti home invasion laws
John Tingle Shooters Party MLC introduced this into NSW Parliament and it was passed.
(note:unlike One Nation, the Shooters Party does get laws passed) Not as tough as we wanted but better than anywhere else in Australia. The government wants to consider extending it to business premises.
An important point.
"the occupant believes on reasonable grounds that it is necessary to do so." that is very important, the police have to prove that you didn't believe what you did was reasonable, the onus of proof is now on the police and not the victim(ie the home owner)
http://www.austlii.edu.au/au/legis/nsw/consol_act/hipa1998381/ read it here
or better yet below, i posted it because I know most people wont go to the link and this is important to show what Shooters can achieve.
HOME INVASION (OCCUPANTS PROTECTION) ACT 1998
3 Definitions
In this Act:
confrontation with an intruder means a confrontation with an intruder in which
physical force is used dwelling-house includes:
(a) any building or other structure occupied as a dwelling, and
(b) any building or other structure within the same curtilage as a
dwelling-house, and occupied in connection with the dwelling-house or
whose use is ancillary to the occupation of the dwelling-house.
intruder has the meaning given in section 4. occupant of a dwelling-house
includes an owner, lessee and landlord of the dwelling-house and any person
invited into the dwelling-house.
4 Who is an intruder?
A person is an intruder for the purposes of this Act if:
(a) the person makes an unlawful entry into a dwelling-house, and
(b) an occupant of the dwelling-house believes that the person, in
addition to the unlawful entry, has committed, or is committing, a
crime in the dwelling-house against an occupant of the dwelling-house
or the property of, or within, the dwelling-house. Part 2 Use of force
to prevent attack
5 Safety within homes
Parliament expressly declares that it is the public policy of the State of New
South Wales that its citizens have a right to enjoy absolute safety from
attack within dwelling-houses from intruders.
6 Self-defence
An occupant of a dwelling-house may act in self-defence against an intruder if
the occupant believes on reasonable grounds that it is necessary to do so.
7 Defence of other persons
An occupant of a dwelling-house may act in defence of any other person in the
dwelling-house against an intruder if the occupant believes on reasonable
grounds that it is necessary to do so.
8 Defence of property
An occupant of a dwelling-house may act in defence of any property of, or
within, the dwelling-house against an intruder if the occupant believes on
reasonable grounds that it is necessary to do so.
9 Reasonable grounds
Whether grounds are reasonable grounds for the purposes of section 6 , 7 or 8
is to be determined having regard to the belief of the occupant, based on the
circumstances as the occupant perceived them to be.
10 Onus of proof in criminal proceedings
If in proceedings against an occupant of a dwelling-house the occupant seeks
to rely on the provisions of section 6, 7 or 8, the prosecution has the onus
of proving, beyond reasonable doubt:
(a) that the occupant did not have the belief alleged, or
(b) that the grounds for the occupant's belief were not reasonable
grounds. Part 3 Criminal and civil liability
11 Immunity from criminal liability
(1) An occupant of a dwelling-house who acts in accordance with section 6, 7
or 8 is immune from criminal liability resulting from his or her acts.
(2) If proceedings are commenced against an occupant accused of a crime as a
result of a confrontation with an intruder, the occupant must be brought
before the court, whether by way of preliminary hearing or otherwise, within 9
months after the proceedings are commenced. However, the 9-month period is to
be extended by the length of any delay that is attributable to the occupant.
12 Immunity from civil liability
An occupant of a dwelling-house who acts in accordance with section 6 , 7 or
8 is immune from civil liability resulting from his or her acts. An occupant
of a dwelling-house who acts in accordance with section 6 , 7 or 8 is immune
from civil liability resulting from his or her acts.
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