NATIONAL PARKS ACT 1975 - SECT 45 Persons not to obstruct etc. or to fail to comply with requests of authorised officers

NATIONAL PARKS ACT 1975 - SECT 45

S. 45(1) amended by Nos 10073

s. 10(e), 57/1995 s. 42(3).

    (1)     A person shall not obstruct assault threaten or abuse or incite or encourage another person to obstruct assault threaten or abuse an authorized officer in the performance of his functions or exercise of his powers under this Act.

Penalty:     20 penalty units or imprisonment for 6 months.

S. 45(2) amended by Nos 10073

s. 10(f), 57/1995

s. 42(1).

    (2)     A person shall not, upon the request of an authorized officer under section 38, refuse or fail to state his true name and address.

Penalty:     20 penalty units.

S. 45(3) amended by Nos 10073

s. 10(g), 57/1995

s. 42(1).

    (3)     A person shall not, upon the request of an authorized officer under section 38 refuse or fail with reasonable expedition to leave a park.

Penalty:     20 penalty units.

S. 45(4) amended by Nos 10073

s. 10(h), 38/1989

s. 35(d).

    (4)     A person who is the holder of a licence, permit or other authority referred to in section 38 shall not refuse or fail to comply with a request of an authorized officer under that section for the production of the licence, permit or other authority.

Penalty:     5 penalty units.

    (5)     A person is not guilty of an offence under subsection (4) by reason only that he fails to comply with a request for the production of a licence, permit or other authority within fourteen days after the request is made.

S. 45(6) inserted by No. 57/1995

s. 13.

    (6)     A person to whom a direction of an authorised officer is given under section 38(e) must comply with that direction.

Penalty:     20 penalty units.

S. 45(7) inserted by No. 40/2002 s. 15.

    (7)     A person to whom a direction of an authorised officer under section 38(2) has been given must comply with that direction.

Penalty:     20 penalty units.

S. 45(8) inserted by No. 40/2002 s. 15.

    (8)     A person is not guilty of an offence under subsection (7) if the authorised officer who gave the direction failed to produce his or her identification under section 38AA.

Pt 5 Div. 2 (Heading and ss 45A– 45E) inserted by No. 40/2002 s. 16.

Division 2—Offences in marine national parks and marine sanctuaries and related matters

S. 45A inserted by No. 40/2002 s. 16.