Document ID: chunk:federal_register_of_legislation:F2024C00997:reg:47
Version: federal_register_of_legislation:F2024C00997
Segment Type: reg
Provision Reference: reg 47
Character Range: 44837–46552

47  Directions relating to the conduct of persons—general

Police officer may give a direction
 (1) A police officer may give a direction to a person in, on or near Territory waters if the officer believes on reasonable grounds that:
 (a) the giving of the direction is necessary to ensure the safety of any person, or to prevent damage to property, in, on or near Territory waters; and
 (b) the direction is reasonable in the circumstances for achieving that objective.

Offence—refusing or failing to comply with a direction
 (2) A person commits an offence if:
 (a) the person is given a direction by a police officer under subsection (1); and
 (b) at the time the direction is given, the police officer:
 (i) identifies himself or herself as a police officer; and
 (ii) warns the person that refusing or failing to comply with the direction is an offence; and
 (c) the person refuses or fails to comply with the direction.
Penalty: 30 penalty units.
 (3) Subsection (2) applies whether or not a person may contravene another provision of this Ordinance by complying with the direction.

Defence to prosecution for other offences if complying with direction
 (4) It is a defence to the prosecution of a person for an offence against this Ordinance if, at the time of the offence, the person was complying with a direction given under subsection (1).

References to persons or property in, on or near Territory waters
 (5) In this section:
 (a) a reference to a person in, on or near Territory waters includes a reference to a person on a vessel, or on any apparatus, in, on or near Territory waters; and
 (b) a reference to property in, on or near Territory waters includes a reference to property on a vessel.