63Obstructing or hindering authorised officers

63 Obstructing or hindering authorised officers

(1)  A person must not obstruct or hinder an authorised officer or a person assisting an authorised officer in the exercise of a power under this Part.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 340 penalty units; or

(b) an individual, a fine not exceeding 70 penalty units.

(2)  However, an offence is not committed under this section 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 with consent or under the authority of a warrant.

(3)  The prosecution bears a legal burden in relation to the matters in subsection (2) .