Commonwealth Consolidated Acts

FISHERIES MANAGEMENT ACT 1991 - SECT 108

             (1)  A person must not:

                     (a)  fail to facilitate by all reasonable means the boarding of a boat by an officer; or

                     (b)  refuse to allow a search to be made that is authorised by or under this Act; or

                     (c)  refuse or neglect to comply with a requirement made by an officer under section 84 (as it applies of its own force or because of section 87, 87G or 87HA); or

                     (d)  when lawfully required to state the person's name and address to an officer, state a false name or address to the officer; or

                     (e)  use abusive or threatening language to an officer or other person exercising a power or performing a function under this Act; or

                      (f)  assault, resist or obstruct an officer or other person exercising a power or performing a function under this Act in the exercise of the power or performance of the function; or

                     (g)  impersonate an officer.

Penalty:  Imprisonment for 12 months.

             (2)  Paragraphs (1)(b) and (c) do not apply if the person has a reasonable excuse.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code .

             (3)  In paragraph (1)(c), strict liability applies to the physical element of circumstance, that the requirement is under section 84.

Note:          For strict liability, see section 6.1 of the Criminal Code .