Defence Act 1954

F35[Protection of military installations

40C

40C.—(1) A member of the Defence Forces engaged in security duties within a military installation may use such force as is reasonable, proportionate and necessary to protect the military installation and any persons within the installation.

(2) The Chief of Staff shall, with the consent of the Minister, prepare and issue guidance to members of the Defence Forces engaged in security duties referred to in subsection (1).

(3) In this section, "military installation" means—

(a) a State ship,

(b) a service aircraft, or

(c) a building or place (or portion thereof) occupied by, used by, or under the control (whether temporarily or otherwise) of, the Defence Forces,

and includes the airspace above the military installation.]

Annotations

Amendments:

F38

Inserted (23.07.2026) by Criminal Law, Civil Law and Defence (Miscellaneous Provisions) Act 2026 (34/2026), s. 15, commenced on enactment.