QLDIn ForceAct
Forestry Act 1959
sec.86Obstruction of officer etc.
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### sec.86 Obstruction of officer etc.
A person shall not—
assault, obstruct, hinder, threaten, abuse, insult, or intimidate any person performing duties under this Act in the exercise of the person’s powers or the discharge of the person’s duties under this Act, or offer or attempt, or invite or encourage any other person, so to do; or
fail to facilitate by all reasonable means the entry and inspection of any place by any person performing duties under this Act; or
refuse to allow to be removed, seized or detained under this Act any forest products, quarry material, incidental thing or vehicle; or
take, retake, remove or otherwise interfere with or attempt to take, retake, remove or otherwise interfere with forest products, quarry material, incidental thing or vehicle removed, seized, detained or forfeited under this Act; or
when required by or under this Act to furnish any assistance or to furnish any information to a person performing duties under this Act fail to furnish that assistance or information, as the case may be, or, in the latter case, furnish information which is in any respect false or misleading; or
fail, without reasonable excuse, the proof whereof shall lie upon the person, to produce any licence, permit, or other authority, book, notice, record, list, document, or writing which the person is required under this Act by a person performing duties under this Act to produce, or fail to allow a person performing duties under this Act to take a copy of or extract from any such licence, permit, or other authority, book, notice, record, list, document, or writing; or
fail to comply with the lawful requisition or lawful direction or any part of the lawful requisition or lawful direction of any person performing duties under this Act; or
give or agree to give or offer to any person performing duties under this Act any gift or consideration as an inducement or reward for any act done or to be done, or any forbearance observed or to be observed, or any favour shown or to be shown by such officer or employee in or in relation to the exercise of his or her powers or the discharge of his or her duties under this Act: (For the purpose of this paragraph, a gift or consideration shall be deemed to be given as an inducement or reward if the receipt or any expectation whereof would be in any way likely to influence the person to do or leave undone something contrary to the person’s duty); or
knowingly furnish any officer with a false or incorrect statement of any forest products, quarry material, or earth got by the person or by any person as the person’s agent or employee on which royalties, stumpage, fees, charges, or other moneys whatsoever are payable to the Crown or the chief executive; or
without lawful authority, the proof whereof shall lie upon the person, take, destroy, damage, or otherwise interfere with or cause to be taken, destroyed, or otherwise interfered with any buildings, fences, gates, roads, tracks, works, notices, materials, tools, goods, or chattels of any nature the property of the State and being on any State forest or timber reserve; or
within any State forest or timber reserve behave in a manner likely to cause danger, inconvenience or annoyance to any person; or
having left a State forest or timber reserve pursuant to a direction given to the person under section 84B , on the same day as the direction was given re-enter or enter any State forest or timber reserve.
No person shall be obliged under this Act to answer any question, or give any information or evidence, or to sign any declaration tending to criminate himself or herself.
In this section—
officer includes any person acting under lawful authority under or pursuant to this Act.
s 86 amd 1968 No. 33 s 41 ; 1971 No. 25 s 19 ; 1982 No. 73 s 58 ; 1984 No. 86 s 27 ; 1991 No. 13 s 25 ; 1992 No. 15 s 13 sch ; 1997 No. 20 s 13 ; 2000 No. 26 s 12 sch 1 ; 2014 No. 41 s 47 sch 1
(sec.86-ssec.1) A person shall not— assault, obstruct, hinder, threaten, abuse, insult, or intimidate any person performing duties under this Act in the exercise of the person’s powers or the discharge of the person’s duties under this Act, or offer or attempt, or invite or encourage any other person, so to do; or fail to facilitate by all reasonable means the entry and inspection of any place by any person performing duties under this Act; or refuse to allow to be removed, seized or detained under this Act any forest products, quarry material, incidental thing or vehicle; or take, retake, remove or otherwise interfere with or attempt to take, retake, remove or otherwise interfere with forest products, quarry material, incidental thing or vehicle removed, seized, detained or forfeited under this Act; or when required by or under this Act to furnish any assistance or to furnish any information to a person performing duties under this Act fail to furnish that assistance or information, as the case may be, or, in the latter case, furnish information which is in any respect false or misleading; or fail, without reasonable excuse, the proof whereof shall lie upon the person, to produce any licence, permit, or other authority, book, notice, record, list, document, or writing which the person is required under this Act by a person performing duties under this Act to produce, or fail to allow a person performing duties under this Act to take a copy of or extract from any such licence, permit, or other authority, book, notice, record, list, document, or writing; or fail to comply with the lawful requisition or lawful direction or any part of the lawful requisition or lawful direction of any person performing duties under this Act; or give or agree to give or offer to any person performing duties under this Act any gift or consideration as an inducement or reward for any act done or to be done, or any forbearance observed or to be observed, or any favour shown or to be shown by such officer or employee in or in relation to the exercise of his or her powers or the discharge of his or her duties under this Act: (For the purpose of this paragraph, a gift or consideration shall be deemed to be given as an inducement or reward if the receipt or any expectation whereof would be in any way likely to influence the person to do or leave undone something contrary to the person’s duty); or knowingly furnish any officer with a false or incorrect statement of any forest products, quarry material, or earth got by the person or by any person as the person’s agent or employee on which royalties, stumpage, fees, charges, or other moneys whatsoever are payable to the Crown or the chief executive; or without lawful authority, the proof whereof shall lie upon the person, take, destroy, damage, or otherwise interfere with or cause to be taken, destroyed, or otherwise interfered with any buildings, fences, gates, roads, tracks, works, notices, materials, tools, goods, or chattels of any nature the property of the State and being on any State forest or timber reserve; or within any State forest or timber reserve behave in a manner likely to cause danger, inconvenience or annoyance to any person; or having left a State forest or timber reserve pursuant to a direction given to the person under section 84B , on the same day as the direction was given re-enter or enter any State forest or timber reserve.
(sec.86-ssec.2) No person shall be obliged under this Act to answer any question, or give any information or evidence, or to sign any declaration tending to criminate himself or herself.
(sec.86-ssec.3) In this section— officer includes any person acting under lawful authority under or pursuant to this Act.
- (a) assault, obstruct, hinder, threaten, abuse, insult, or intimidate any person performing duties under this Act in the exercise of the person’s powers or the discharge of the person’s duties under this Act, or offer or attempt, or invite or encourage any other person, so to do; or
- (b) fail to facilitate by all reasonable means the entry and inspection of any place by any person performing duties under this Act; or
- (c) refuse to allow to be removed, seized or detained under this Act any forest products, quarry material, incidental thing or vehicle; or
- (d) take, retake, remove or otherwise interfere with or attempt to take, retake, remove or otherwise interfere with forest products, quarry material, incidental thing or vehicle removed, seized, detained or forfeited under this Act; or
- (e) when required by or under this Act to furnish any assistance or to furnish any information to a person performing duties under this Act fail to furnish that assistance or information, as the case may be, or, in the latter case, furnish information which is in any respect false or misleading; or
- (f) fail, without reasonable excuse, the proof whereof shall lie upon the person, to produce any licence, permit, or other authority, book, notice, record, list, document, or writing which the person is required under this Act by a person performing duties under this Act to produce, or fail to allow a person performing duties under this Act to take a copy of or extract from any such licence, permit, or other authority, book, notice, record, list, document, or writing; or
- (g) fail to comply with the lawful requisition or lawful direction or any part of the lawful requisition or lawful direction of any person performing duties under this Act; or
- (h) give or agree to give or offer to any person performing duties under this Act any gift or consideration as an inducement or reward for any act done or to be done, or any forbearance observed or to be observed, or any favour shown or to be shown by such officer or employee in or in relation to the exercise of his or her powers or the discharge of his or her duties under this Act: (For the purpose of this paragraph, a gift or consideration shall be deemed to be given as an inducement or reward if the receipt or any expectation whereof would be in any way likely to influence the person to do or leave undone something contrary to the person’s duty); or
- (i) knowingly furnish any officer with a false or incorrect statement of any forest products, quarry material, or earth got by the person or by any person as the person’s agent or employee on which royalties, stumpage, fees, charges, or other moneys whatsoever are payable to the Crown or the chief executive; or
- (j) without lawful authority, the proof whereof shall lie upon the person, take, destroy, damage, or otherwise interfere with or cause to be taken, destroyed, or otherwise interfered with any buildings, fences, gates, roads, tracks, works, notices, materials, tools, goods, or chattels of any nature the property of the State and being on any State forest or timber reserve; or
- (k) within any State forest or timber reserve behave in a manner likely to cause danger, inconvenience or annoyance to any person; or
- (l) having left a State forest or timber reserve pursuant to a direction given to the person under section 84B , on the same day as the direction was given re-enter or enter any State forest or timber reserve.