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COMMONWEALTHAct
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s 265A

Offences relating to exercise of powers under section 77A or 130

In force
Part XIVOffences

265A Offences relating to exercise of powers under section 77A or 130

(1)

A person shall not refuse or fail to comply with a requirement under section 77A or 130.

(1A)

Subsection (1) does not apply if the person has a reasonable excuse.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).

(2)

A person shall not, in purported compliance with a requirement under section 77A or 130, give information, or make a statement, that is, to the person’s knowledge, false or misleading in a material particular.

(3)

A person shall not:

(a)

obstruct or hinder a person in the exercise of a power under section 77A; or

(b)

obstruct or hinder a person who is executing a warrant issued under section 130.

(3A)

Subsection (3) does not apply if the person has a reasonable excuse.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (3A) (see subsection 13.3(3) of the Criminal Code).

(4)

The occupier, or person in charge, of premises that a person enters under a warrant issued under section 130 shall provide to the last‑mentioned person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.

Penalty: Imprisonment for 12 months.

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