CIVIL AVIATION ACT 1988 - SECT 32AK Powers in relation to aircraft etc.
CIVIL AVIATION ACT 1988 - SECT 32AK
Powers in relation to aircraft etc.(1) An investigator may, for the purpose of performing the functions or exercising the powers of an investigator under this Part i n relation to an aircraft, vessel or vehicle, require the person apparently in control of the aircraft, vessel or vehicle to do either or both of the following:
(a) to stop and detain the aircraft, vehicle or vessel for such reasonable period as the investigator specifies;
(b) to take all reasonable steps to ensure that the aircraft, vehicle or vessel, or a specified part of it, is left undisturbed for such reasonable period as the investigator specifies.
(2) A person must not fail to comply with a requirement under subsection ( 1).
(3) Subsection ( 2) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection ( 3) (see subsection 13.3(3) of the Criminal Code ).
(4) An offence under subsection ( 2) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal
Code .