Legal defence for using force against intruders in a dwelling or premises

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

Private Member's Bill

Assembly

Introduced by: Robert Katter (KAP)

Links to official parliament websites

Official page: progress through parliament

Effects of this bill

If this bill passes, it means that:

Owners or occupiers of a dwelling can lawfully use force against an intruder.
People helping the owner or acting under their direction can also use force.
The person must reasonably believe the force is necessary to stop the intruder from entering or staying.
Force likely to cause death or serious injury is generally banned.
Force likely to cause death or serious injury is allowed if the intruder enters at night.
This force is also allowed if the intruder uses violence or has a weapon.
It is allowed if the intruder is with other people or damages property.
It is allowed if the person believes it is necessary to prevent death or bodily harm.

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