Obstruction of officers etc
108 Obstruction of officers etc
A person must not:
fail to facilitate by all reasonable means the boarding of a boat by an officer; or
refuse to allow a search to be made that is authorised by or under this Act; or
refuse or neglect to comply with a requirement made by an officer under section 84; or
when lawfully required to state the person’s name and address to an officer, state a false name or address to the officer; or
use abusive or threatening language to an officer or other person exercising a power or performing a function under this Act; or
assault, resist or obstruct an officer or other person exercising a power or performing a function under this Act in the exercise of the power or performance of the function; or
impersonate an officer.
Penalty: Imprisonment for 12 months.
Paragraphs (1)(b) and (c) do not apply if the person has a reasonable excuse.
The defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code.
In paragraph (1)(c), strict liability applies to the physical element of circumstance, that the requirement is under section 84.
For strict liability, see section 6.1 of the Criminal Code.
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