Resistance to, and obstruction of, public officers prohibited
34B Resistance to, and obstruction of, public officers prohibited
A person shall not – assault, resist, or wilfully obstruct – a police officer in the execution of his duty; a person lawfully assisting a police officer in the execution of his duty; or a person lawfully arresting another person; threaten, intimidate, or use abusive language to any such police officer whilst in the performance or execution of his duty or a person assisting a police officer therein; or instigate or incite a person to do any of the things mentioned in the foregoing provisions of this subsection.
A person who contravenes a provision of subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 100 penalty units or to imprisonment for a term not exceeding 3 years.
A person shall not – assault, resist, intimidate, or wilfully obstruct a public officer or an emergency service worker in the execution of his duty, or lawfully performing a duty imposed on him by an Act, or in the exercise of a public duty or authority; threaten or use abusive language to any such person so acting; or instigate or incite a person to do any of the things mentioned in the foregoing provisions of this subsection.
A person who contravenes a provision of subsection (2) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 50 penalty units or to imprisonment for a term not exceeding 2 years.
A police officer may arrest without warrant any person committing an offence against subsection (1) or (2)(a).
In this section – emergency service worker means – a person employed or appointed under the Fire Service Act 1979; or a person employed or appointed under the Ambulance Service Act 1982; or an emergency management worker referred to in paragraph (a), (b), (c) or (d) of the definition of emergency management worker in section 3 of the Emergency Management Act 2006; or an emergency management worker referred to in paragraph (e) of the definition of emergency management worker in section 3 of the Emergency Management Act 2006 in relation to – an authorised use of emergency powers under section 40 of the Emergency Management Act 2006; or a declared state of emergency under section 42 of the Emergency Management Act 2006; public officer includes any person acting in good faith in the execution, or intended execution, of an Act or a public duty or authority.
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