Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_31
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 31
Character Range: 40982–42515

31  Obstructing a police member

 (1) A person who is a defence member or a defence civilian is guilty of an offence if:
 (a) the person obstructs another person; and
 (b) that other person:
 (i) is a police member acting in the performance of his or her duty; or
 (ii) is lawfully exercising authority under or on behalf of a service police officer.

Maximum punishment: Imprisonment for 12 months.

 (2) A defence member is guilty of an offence if:
 (a) the member is called on to assist another person; and
 (b) that other person:
 (i) is a police member acting in the performance of his or her duty; or
 (ii) is lawfully exercising authority under or on behalf of a service police officer; and
 (c) the member refuses to assist that other person.

Maximum punishment: Imprisonment for 12 months.

 (3) In paragraphs (1)(b) and (2)(b), strict liability applies to the physical element of circumstance, that the person was a police member, or a person lawfully exercising authority under or on behalf of a service police officer.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (4) It is a defence to a charge under this section if the person proves that he or she neither knew, nor could reasonably be expected to have known, that the other person was a police member, or a person lawfully exercising authority under or on behalf of a service police officer, as the case requires.

Note: The defendant bears a legal burden in relation to the matter in subsection (4). See section 13.4 of the Criminal Code.