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City of Brisbane Act 2010
sec.148Obstructing enforcement of this Act or local laws etc.
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### sec.148 Obstructing enforcement of this Act or local laws etc.
A person must not obstruct an official in the exercise of a power under this Act or a local law, unless the person has a reasonable excuse.
Maximum penalty—50 penalty units.
An official is any of the following persons—
the Minister;
the department’s chief executive;
an authorised officer;
an investigator;
the mayor;
the chief executive officer;
an authorised person.
A person must not obstruct a council worker in the exercise of a power under part 2 , division 2 , unless the person has a reasonable excuse.
Maximum penalty—50 penalty units.
Council workers are only those employees and agents of the council who are authorised to act under part 2 , division 2 .
In particular circumstances a council worker may enter a property and carry out work or obtain materials in compliance with part 2 , division 2 .
If a person has obstructed an official or council worker and the official or worker decides to proceed with the exercise of the power, the official or worker must warn the person that—
it is an offence to obstruct the official or worker, unless the person has a reasonable excuse; and
the official or worker considers the person’s conduct an obstruction.
A person must not pull down, damage, deface or destroy a board or anything else that is displaying a local law, order, notice or other matter authorised by the council.
Maximum penalty for subsection (5) —35 penalty units.
s 148 amd 2012 No. 33 s 39 ; 2019 No. 30 s 5
(sec.148-ssec.1) A person must not obstruct an official in the exercise of a power under this Act or a local law, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.
(sec.148-ssec.2) An official is any of the following persons— the Minister; the department’s chief executive; an authorised officer; an investigator; the mayor; the chief executive officer; an authorised person.
(sec.148-ssec.3) A person must not obstruct a council worker in the exercise of a power under part 2 , division 2 , unless the person has a reasonable excuse. Maximum penalty—50 penalty units. Council workers are only those employees and agents of the council who are authorised to act under part 2 , division 2 . In particular circumstances a council worker may enter a property and carry out work or obtain materials in compliance with part 2 , division 2 .
(sec.148-ssec.4) If a person has obstructed an official or council worker and the official or worker decides to proceed with the exercise of the power, the official or worker must warn the person that— it is an offence to obstruct the official or worker, unless the person has a reasonable excuse; and the official or worker considers the person’s conduct an obstruction.
(sec.148-ssec.5) A person must not pull down, damage, deface or destroy a board or anything else that is displaying a local law, order, notice or other matter authorised by the council. Maximum penalty for subsection (5) —35 penalty units.
- (a) the Minister;
- (b) the department’s chief executive;
- (c) an authorised officer;
- (d) an investigator;
- (e) the mayor;
- (f) the chief executive officer;
- (g) an authorised person.
- 1 Council workers are only those employees and agents of the council who are authorised to act under part 2 , division 2 .
- 2 In particular circumstances a council worker may enter a property and carry out work or obtain materials in compliance with part 2 , division 2 .
- (a) it is an offence to obstruct the official or worker, unless the person has a reasonable excuse; and
- (b) the official or worker considers the person’s conduct an obstruction.