New South Wales Consolidated Acts

ROAD TRANSPORT (GENERAL) ACT 2005 - SECT 169

169 Obstructing or hindering authorised officers

(cf model provisions, s 62)

(1) A person is guilty of an offence if:

(a) an authorised officer is exercising a power under this Act, and

(b) the person obstructs or hinders the officer in the exercise of the power.

Maximum penalty: 80 penalty units (in the case of an individual) or 400 penalty units (in the case of a corporation).

(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 onus of proof of a matter set out in subsection (2) lies on the prosecution in proceedings for an offence under this section.