Directions given by a designated officer
3.9 Directions given by a designated officer
If a designated officer is of the opinion that a person is contravening this Division or disturbing a Little Penguin’s breeding or moulting activities, or is likely to do so, the officer may give one or more of the following directions—
direct the person to cease a particular activity within the Little Penguin declared area,
direct the person to leave the Little Penguin declared area.
A person must not, without reasonable excuse, fail to comply with a direction given under this clause.
Maximum penalty—$5,500.
A person is not guilty of an offence of failing to comply with a direction given under this clause unless it is established that the designated officer—
warned the person that a failure to comply with the direction is an offence, and
identified himself or herself as a designated officer.
A designated officer may remove from the Little Penguin declared area, or any part of it, any person who fails to comply with a direction under this clause and any vehicle, vessel, animal or other property in the possession of the person.
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