sec.84BDirections to leave—offences or suspected offences

### sec.84B Directions to leave—offences or suspected offences This section applies to— a forest officer in relation to a State forest or timber reserve (a relevant area ); or a plantation officer in relation to a State forest, timber reserve or licence area (also a relevant area ). Subsection (3) applies if— the officer— finds a person committing, or about to commit, an offence against this Act; or finds a person in circumstances that lead the officer to reasonably suspect the person has committed an offence against this Act; or has information that leads the officer to reasonably suspect a person has committed an offence against this Act; and the forest officer or plantation officer reasonably believes the direction is necessary— to prevent the commission or continuation of the offence; or to secure evidence of the offence; or to prevent another offence from being committed. The officer may direct the person and any person with the person— to leave the relevant area; and to remove the person’s property from the relevant area; and not to return to the relevant area for a stated period of not more than 6 days. A person given a direction under this section must, unless the person has a reasonable excuse, comply with the direction— immediately after the direction is given; or if the direction includes a time within which the person must comply, within that time. Maximum penalty for subsection (4) —50 penalty units. If the person does not comply with the direction, the officer may take reasonable steps to ensure the person complies with the direction, including by— using reasonable force; and moving the person’s property to another place. s 84B ins 2014 No. 41 s 37 (sec.84B-ssec.1) This section applies to— a forest officer in relation to a State forest or timber reserve (a relevant area ); or a plantation officer in relation to a State forest, timber reserve or licence area (also a relevant area ). (sec.84B-ssec.2) Subsection (3) applies if— the officer— finds a person committing, or about to commit, an offence against this Act; or finds a person in circumstances that lead the officer to reasonably suspect the person has committed an offence against this Act; or has information that leads the officer to reasonably suspect a person has committed an offence against this Act; and the forest officer or plantation officer reasonably believes the direction is necessary— to prevent the commission or continuation of the offence; or to secure evidence of the offence; or to prevent another offence from being committed. (sec.84B-ssec.3) The officer may direct the person and any person with the person— to leave the relevant area; and to remove the person’s property from the relevant area; and not to return to the relevant area for a stated period of not more than 6 days. (sec.84B-ssec.4) A person given a direction under this section must, unless the person has a reasonable excuse, comply with the direction— immediately after the direction is given; or if the direction includes a time within which the person must comply, within that time. Maximum penalty for subsection (4) —50 penalty units. (sec.84B-ssec.5) If the person does not comply with the direction, the officer may take reasonable steps to ensure the person complies with the direction, including by— using reasonable force; and moving the person’s property to another place. - (a) a forest officer in relation to a State forest or timber reserve (a relevant area ); or - (b) a plantation officer in relation to a State forest, timber reserve or licence area (also a relevant area ). - (a) the officer— (i) finds a person committing, or about to commit, an offence against this Act; or (ii) finds a person in circumstances that lead the officer to reasonably suspect the person has committed an offence against this Act; or (iii) has information that leads the officer to reasonably suspect a person has committed an offence against this Act; and - (i) finds a person committing, or about to commit, an offence against this Act; or - (ii) finds a person in circumstances that lead the officer to reasonably suspect the person has committed an offence against this Act; or - (iii) has information that leads the officer to reasonably suspect a person has committed an offence against this Act; and - (b) the forest officer or plantation officer reasonably believes the direction is necessary— (i) to prevent the commission or continuation of the offence; or (ii) to secure evidence of the offence; or (iii) to prevent another offence from being committed. - (i) to prevent the commission or continuation of the offence; or - (ii) to secure evidence of the offence; or - (iii) to prevent another offence from being committed. - (i) finds a person committing, or about to commit, an offence against this Act; or - (ii) finds a person in circumstances that lead the officer to reasonably suspect the person has committed an offence against this Act; or - (iii) has information that leads the officer to reasonably suspect a person has committed an offence against this Act; and - (i) to prevent the commission or continuation of the offence; or - (ii) to secure evidence of the offence; or - (iii) to prevent another offence from being committed. - (a) to leave the relevant area; and - (b) to remove the person’s property from the relevant area; and - (c) not to return to the relevant area for a stated period of not more than 6 days. - (a) immediately after the direction is given; or - (b) if the direction includes a time within which the person must comply, within that time. - (a) using reasonable force; and - (b) moving the person’s property to another place.