Document ID: chunk:federal_register_of_legislation:F2016L00619:reg:68
Version: federal_register_of_legislation:F2016L00619
Segment Type: reg
Provision Reference: reg 68
Character Range: 63274–64791

68  Offences against a warden
 (1) A person must not use or threaten violence against a warden because of the warden's status as a warden.
 (2) A person must not obstruct, intimidate, resist or hinder a warden who is:
 (a) exercising his or her powers or duties; or
 (b) performing his or her functions.
 (3) A contravention of subsection (1) or (2) is an offence.
Note: For the penalty that applies to an offence against subsection (1) or (2), see the Aboriginal Land Grant (Jervis Bay Territory) Regulations 2006.
 (4) For subsection (3), it is immaterial whether the person was aware that the warden was engaged in:
 (a) the exercise, or attempted exercise, of any of his or her powers or duties; or
 (b) the performance, or attempted performance, of any of his or her functions.
 (5) It is a defence in proceedings for an offence against subsection (1), if at the time of the conduct constituting the offence:
 (a) the person did not know that the warden was a warden; or
 (b) the warden was abusing his or her power.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5), see subsection 13.3(3) of the Criminal Code.
 (6) This section does not limit the power of a court to punish a contempt of that court.
 (7) Subsections (1) and (2) are not intended to exclude or limit the concurrent operation of any law of the Australian Capital Territory in a case in which the other person referred to in that subsection is a member or special member of the Australian Federal Police.