NSWIn ForceAct
Commons Management Act 1989
57Offences relating to powers conferred by ss 54–56
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#### 57 Offences relating to powers conferred by ss 54–56
57 Offences relating to powers conferred by ss 54–56
> > (1) A person who:
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> > > (a) hinders or obstructs the Minister, an inspector or other person in the exercise of a power conferred by a provision of sections 54–56, or
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> > > (b) fails to comply with a requirement made under section 55 (2), or
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> > > (c) in purported compliance with a requirement made under section 55 (2) (e), gives an answer that is, to the person’s knowledge, false or misleading in a material respect,
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> > is guilty of an offence.
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> > Maximum penalty: 10 penalty units.
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> > (2) A person is not guilty of an offence under subsection (1):
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> > > (a) unless:
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> > > > (i) the prosecution establishes that the person purporting to exercise the power concerned identified himself or herself at the relevant time as a person who had that power or that the defendant otherwise knew that that person was empowered to exercise that power, or
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> > > > (ii) where the offence arises under subsection (1) (b) or (c)—the prosecution establishes that the person purporting to exercise the power warned the defendant that a failure or refusal to comply with the requirement was an offence, or
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> > > (b) if, where the offence arises under subsection (1) (b), the defendant satisfies the court that he or she could not have reasonably complied with the requirement.