Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_46:p2
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 46 (pt 2/2)
Character Range: 108285–109420

given for the exercise of the power or the power can lawfully be exercised without consent.

Offence of contravening direction
 (5) A person commits an offence if:
 (a) the person is subject to a direction under subsection (1); and
 (b) the person engages in conduct that results in a contravention of the direction.

Unreasonable and other directions
 (6) Subsection (5) does not apply if:
 (a) the direction is unreasonable; or
 (b) without limiting the above, the direction or its subject‑matter is outside the scope of the business or other activities of the person.
 (7) The person charged bears an evidential burden in relation to the matter in subsection (6).

Nature of offence
 (8) The offence is an offence of strict liability.

Circumstances when officer or other person may run engine
 (9) If the responsible person to whom a direction to run the engine of a vehicle or combination is given under this section fails to comply with the direction or no responsible person is available or willing to do so, the officer may:
 (a) enter the vehicle or combination and run its engine; or
 (b) authorise any other person to do so.