QLDIn ForceAct
Building Industry Fairness (Security of Payment) Act 2017
sec.53EObstructing special investigator
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### sec.53E Obstructing special investigator
A person must not obstruct a special investigator exercising a power under this Act, or someone helping a special investigator exercising a power under section 53D , unless the person has a reasonable excuse.
Maximum penalty—100 penalty units.
If a person has obstructed a special investigator, or someone helping a special investigator, and the investigator decides to proceed with the exercise of the power, the investigator must warn the person that—
it is an offence to cause an obstruction, unless the person has a reasonable excuse; and
the investigator considers the person’s conduct an obstruction.
Subsection (2) does not apply if the obstruction constitutes an assault.
In this section—
obstruct includes assault, hinder, resist and attempt or threaten to obstruct.
s 53E ins 2020 No. 24 s 63
(sec.53E-ssec.1) A person must not obstruct a special investigator exercising a power under this Act, or someone helping a special investigator exercising a power under section 53D , unless the person has a reasonable excuse. Maximum penalty—100 penalty units.
(sec.53E-ssec.2) If a person has obstructed a special investigator, or someone helping a special investigator, and the investigator decides to proceed with the exercise of the power, the investigator must warn the person that— it is an offence to cause an obstruction, unless the person has a reasonable excuse; and the investigator considers the person’s conduct an obstruction.
(sec.53E-ssec.3) Subsection (2) does not apply if the obstruction constitutes an assault.
(sec.53E-ssec.4) In this section— obstruct includes assault, hinder, resist and attempt or threaten to obstruct.
- (a) it is an offence to cause an obstruction, unless the person has a reasonable excuse; and
- (b) the investigator considers the person’s conduct an obstruction.