Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_62
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 62
Character Range: 125317–126098

62  Obstructing or hindering authorised officers or police officers
 (1) A person commits an offence if:
 (a) an authorised officer or police officer is exercising a power under this Act; and
 (b) the person obstructs or hinders the officer in the exercise of the power.
 (2) However, an offence is not committed under this section in relation to a power under Division 4 (Powers of inspection and search) unless it is established that the power:
 (a) was being exercised lawfully; and
 (b) without limiting paragraph (a), was:
 (i) exercisable without consent; or
 (ii) being exercised under the authority of a warrant.
 (3) The prosecution bears a legal burden in relation to the matters in subsection (2).
 (4) The offence under this section is an offence of strict liability.