Offence of failure to comply with requirement
116KI Offence of failure to comply with requirement
A person commits an offence if the person:
is required by a member under section 116KD, 116KE or 116KF:
to stop and submit to the use of a handheld scanner; or
to produce a thing and resubmit to the use of a handheld scanner; and
fails to comply with the requirement.
Maximum penalty: 8 penalty units.
An offence against subsection (1) is an offence of strict liability.
It is a defence to a prosecution for an offence against subsection (1) if the person has a reasonable excuse.
A prosecution for an offence against subsection (1) must not be commenced unless the member who gave the requirement:
complied with section 116KH(5); and
warned the person that failure to comply with the requirement is an offence; and
gave the person at least 2 opportunities to comply with the requirement, at least one of which was given after the warning mentioned in paragraph (b).
This Act’s bill:Second reading speech
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