45Direction by police officers in connection with offences

45 Direction by police officers in connection with offences

[Section 45 Substituted by No. 50 of 2010, s. 28, Applied:21 Dec 2010]

(1)  This section applies if a police officer reasonably believes that –

(a) a person is committing an offence against this Act; or

(b) a person has committed an offence against this Act or is about to do so.

(2)  The police officer may give the person such directions as the police officer considers necessary or expedient for the purposes of enforcing this Act.

(3)  If the person is in, or on, a vehicle or vessel that another person appears to be in charge of, then the police officer, whether or not any direction is given under subsection (2) , may give the person apparently in charge of the vehicle or vessel such directions as the police officer considers necessary or expedient for the purposes of enforcing this Act.

(4)  If the police officer gives a direction under subsection (2) or (3) , the person who is given the direction must obey it whether or not, by so doing, the person may contravene the Road Rules or any rules of navigation.

Penalty:  Fine not exceeding 10 penalty units.

(5)  It is a defence to the prosecution of a person for an offence against the Road Rules or any rules of navigation that, at the relevant time, the person was obeying a direction given to the person under subsection (2) or (3) .

(6)  In this section –

rules of navigation means any law relating to the pilotage, navigation or safe operation or berthing of vessels in State waters.