Document ID: chunk:federal_register_of_legislation:C2024C00612:section:35
Version: federal_register_of_legislation:C2024C00612
Segment Type: section
Provision Reference: s 35
Character Range: 164625–165766

35  Obstructing or hindering the ACC or an examiner etc.
 (1) A person must not:
 (a) obstruct or hinder:
 (i) the ACC in the performance of its functions; or
 (ii) an examiner in the performance of his or her functions as an examiner; or
 (b) disrupt an examination before an examiner; or
 (c) threaten any person present at an examination before an examiner.
 (2) A person who contravenes subsection (1) commits an indictable offence that, subject to this section, is punishable, upon conviction, by a fine not exceeding 200 penalty units or imprisonment for a period not exceeding 5 years.
 (3) Notwithstanding that an offence against subsection (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.
 (4) Where, in accordance with subsection (3), a court of summary jurisdiction convicts a person of an offence against subsection (1), the penalty that the court may impose is a fine not exceeding 20 penalty units or imprisonment for a period not exceeding 1 year.