Offence to interfere with exercise of power
51 Offence to interfere with exercise of power
Subsection (2) applies if a person in another participating jurisdiction takes action in relation to the exercise of a power under this Part that would, if the action were to be taken in relation to the exercise of the power in the State, constitute an offence under the law of the State (a State offence).
The person commits an offence under this Act punishable by the same penalty as is prescribed for the State offence.
If the State offence is an indictable offence, the offence under subsection (2) is also an indictable offence.
Example for this section:
Under the Criminal Investigation Act 2006 section 44(2)(g)(i), a WA police officer executing a search warrant in respect of premises in WA may order a person to leave those premises. A failure to comply with the order is an offence under section 153(1) of that Act attracting a penalty of $12 000 or 12 months’ imprisonment. If a WA police officer executing a search warrant in respect of premises in SA or the NT orders a person to leave those premises, a failure to comply with the order is an offence under this Act attracting the same penalty.
This Act’s bill:Explanatory memorandumSecond reading speech
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