Part 1: Espionage, sabotage and persons acting for foreign powers Powers of search etc. Section 28: Use of reasonable force
Section 28 provides that a constable may use reasonable force if necessary when exercising a police power under Part 1. These include powers in relation to prohibited places and cordoned areas within sections 6 and 11 respectively, the powers of search and seizure within section 23 and Schedule 2 and the arrest and detention powers within section 27 and Schedule 6.
	Subsection (1) clarifies that the powers provided for in Part 1 of the Act are additional to any existing powers of the police and should not be taken to affect those powers.
	Subsection (2) provides that reasonable force may be used by a constable in the exercise of powers under Part 1 should it be necessary.
Hypothetical example (use of reasonable force to take biometric data)
Under the powers within Schedule 6, the police seek to take fingerprints from a detained person who they reasonably suspect is involved in foreign power threat activity. This person is uncooperative and does not give consent for their biometrics to be taken. In the absence of consent, a superintendent authorises the taking of the fingerprints as the officer reasonably believes the fingerprints will confirm or disprove the person’s involvement in the activity. The person is informed that authorisation has been given to take their fingerprints without their consent, but the person remains uncooperative. The police therefore use reasonable force to take fingerprints.