Offences relating to powers conferred by ss 54–56
57 Offences relating to powers conferred by ss 54–56
A person who:
hinders or obstructs the Minister, an inspector or other person in the exercise of a power conferred by a provision of sections 54–56, or
fails to comply with a requirement made under section 55 (2), or
in purported compliance with a requirement made under section 55 (2) (e), gives an answer that is, to the person’s knowledge, false or misleading in a material respect,
is guilty of an offence.
Maximum penalty: 10 penalty units.
A person is not guilty of an offence under subsection (1):
unless:
the prosecution establishes that the person purporting to exercise the power concerned identified himself or herself at the relevant time as a person who had that power or that the defendant otherwise knew that that person was empowered to exercise that power, or
where the offence arises under subsection (1) (b) or (c)—the prosecution establishes that the person purporting to exercise the power warned the defendant that a failure or refusal to comply with the requirement was an offence, or
if, where the offence arises under subsection (1) (b), the defendant satisfies the court that he or she could not have reasonably complied with the requirement.
This Act’s bill:Explanatory memorandum
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