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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).

Penalty:   30 penalty units.

  (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 .