Offence not to comply with order relating to out‑of‑control gathering
38C Offence not to comply with order relating to out‑of‑control gathering
In this section —
assault has the meaning given in The Criminal Code section 222;
behave in a disorderly manner has the meaning given in The Criminal Code section 74A(1);
circumstances of aggravation means circumstances in which, during the commission of the offence, the offender —
behaves in a disorderly manner; or
destroys or damages the property of another person or threatens to do so; or
assaults or threatens to assault any person; or
throws any object or releases any material or thing —
in a manner that is likely to endanger the life, health or safety of any person; or
in circumstances that are likely to cause fear or alarm to any person.
A person commits an offence if the person fails to comply with an order given under section 38B(1) or (2).
Penalty:
if the offence is committed in circumstances of aggravation, a fine of $18 000 or imprisonment for 3 years;
in any other case, a fine of $12 000 or imprisonment for 12 months.
[Section 38C inserted: No. 56 of 2012 s. 7.]
38. Vehicle, searches of to prevent offences, damage etc.
If a police officer reasonably suspects that it is necessary to do so for one or more of these purposes —
to prevent a vehicle from being used —
in the commission of an offence; or
to aid or facilitate the commission of an offence; or
to provide the means for an offender to leave the place of the commission of an offence; or
by an offender to avoid, or attempt to avoid, being arrested for an offence;
to prevent damage to a vehicle;
to protect the safety of people who may board or be on board or who may be near a vehicle;
to ensure peace and good order on a vehicle,
the officer —
may stop, enter and search or inspect the vehicle; and
may take any reasonably necessary action.
[Section 38. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section deleted 1 Nov 2009; altered 13 Jul 2010. See endnote 1M.]
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