47Directions relating to the conduct of persons—general

47 Directions relating to the conduct of persons—general

Police officer may give a direction (1) A police officer may give a direction to a person in, on or near Territory waters if the officer believes on reasonable grounds that: (a) the giving of the direction is necessary to ensure the safety of any person, or to prevent damage to property, in, on or near Territory waters; and (b) the direction is reasonable in the circumstances for achieving that objective. Offence—refusing or failing to comply with a direction (2) A person commits an offence if: (a) the person is given a direction by a police officer under subsection (1); and (b) at the time the direction is given, the police officer: (i) identifies himself or herself as a police officer; and (ii) warns the person that refusing or failing to comply with the direction is an offence; and (c) the person refuses or fails to comply with the direction.

Penalty: 30 penalty units.

(3) Subsection (2) applies whether or not a person may contravene another provision of this Ordinance by complying with the direction. Defence to prosecution for other offences if complying with direction (4) It is a defence to the prosecution of a person for an offence against this Ordinance if, at the time of the offence, the person was complying with a direction given under subsection (1). References to persons or property in, on or near Territory waters (5) In this section: (a) a reference to a person in, on or near Territory waters includes a reference to a person on a vessel, or on any apparatus, in, on or near Territory waters; and (b) a reference to property in, on or near Territory waters includes a reference to property on a vessel.