Document ID: chunk:federal_register_of_legislation:C2004A00878:clause:1_101
Version: federal_register_of_legislation:C2004A00878
Segment Type: clause
Provision Reference: sch 1 cl 101
Character Range: 21418–22776

101  Subsection 24(3)
Repeal the subsection, substitute:

 (3) A person is guilty of an offence if:
 (a) an authorized inspector is acting under subsection (1) or (2); and
 (b) the person obstructs or hinders the authorized inspector.

Penalty: $1,000.

 (3A) Subsection (3) does not apply if the person has a reasonable excuse.

Note: The defendant bears an evidential burden in relation to the matter in subsection (3A). See subsection 13.3(3) of the Criminal Code.

 (3B) The occupier or person in charge of any premises is guilty of an offence if:
 (a) an authorized inspector enters the premises under subsection (1) or (2); and
 (b) the occupier or person in charge does not provide the authorized inspector with all reasonable facilities and assistance for the effective exercise of the inspector's powers under that subsection.

Penalty: $1,000.

 (3C) Subsection (3B) does not apply if the occupier or person in charge has a reasonable excuse.

Note: The defendant bears an evidential burden in relation to the matter in subsection (3C). See subsection 13.3(3) of the Criminal Code.

 (3D) In subsections (3) and (3B), strict liability applies to the physical element of circumstance, that the authorized inspector is acting under subsection (1) or (2).

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

National Health Act 1953