Commonwealth Consolidated Acts

PASSENGER MOVEMENT CHARGE COLLECTION ACT 1978 - SECT 8

             (1)  A person shall not fail to answer a question or produce a document when required to do so in pursuance of subsection 7(2).

Penalty:  1 penalty unit.

          (1A)  Subsection (1) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code ).

          (1B)  Subsection (1) is an offence of strict liability.

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

             (3)  A person shall not obstruct or hinder an authorized officer acting in the performance of his or her functions or the exercise of his or her powers under this Act.

Penalty:  5 penalty units.

          (3A)  Subsection (3) does not apply if the person has a reasonable excuse.

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

             (4)  A person shall not assault or threaten an authorized officer acting in the performance of his or her functions or the exercise of his or her powers under this Act.

Penalty:  10 penalty units or imprisonment for 6 months, or both.

             (5)  For the purposes of an offence against subsection (3) or (4), strict liability applies to the following physical elements of circumstance of the offence:

                     (a)  that the person obstructed or hindered is an authorised officer;

                     (b)  that the authorised officer is acting in the performance of his or her functions or the exercise of his or her powers under this Act.

Note:          For strict liability , see section 6.2 of the Criminal Code .