QLDIn ForceAct
Local Government Act 2009
sec.149Obstructing local government officials
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### sec.149 Obstructing local government officials
A person must not obstruct a local government official in the exercise of a power under this Act or a local law, unless the person has a reasonable excuse.
Maximum penalty—50 penalty units.
A local government official is any of the following persons—
the mayor;
the chief executive officer;
an authorised person.
A person must not obstruct a local government worker in the exercise of a power under part 2 , division 2 , unless the person has a reasonable excuse.
Maximum penalty—50 penalty units.
Local government workers are only those employees and agents of a local government who are authorised to act under chapter 5 , part 2 , division 2 .
In particular circumstances a local government worker may enter a property and carry out work or obtain materials in compliance with chapter 5 , part 2 , division 2 .
If a person has obstructed a local government official or local government worker and the official or worker decides to proceed with the exercise of the power, the official or worker must warn the person that—
it is an offence to obstruct the official or worker, unless the person has a reasonable excuse; and
the official or worker considers the person’s conduct an obstruction.
A person must not pull down, damage, deface or destroy a board or anything else that is displaying a local law, order, notice or other matter authorised by a local government.
Maximum penalty for subsection (5) —35 penalty units.
s 149 sub 2010 No. 23 s 305
amd 2012 No. 33 s 119 ; 2018 No. 8 s 9 ; 2019 No. 30 s 69
(sec.149-ssec.1) A person must not obstruct a local government official in the exercise of a power under this Act or a local law, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.
(sec.149-ssec.2) A local government official is any of the following persons— the mayor; the chief executive officer; an authorised person.
(sec.149-ssec.3) A person must not obstruct a local government worker in the exercise of a power under part 2 , division 2 , unless the person has a reasonable excuse. Maximum penalty—50 penalty units. Local government workers are only those employees and agents of a local government who are authorised to act under chapter 5 , part 2 , division 2 . In particular circumstances a local government worker may enter a property and carry out work or obtain materials in compliance with chapter 5 , part 2 , division 2 .
(sec.149-ssec.4) If a person has obstructed a local government official or local government worker and the official or worker decides to proceed with the exercise of the power, the official or worker must warn the person that— it is an offence to obstruct the official or worker, unless the person has a reasonable excuse; and the official or worker considers the person’s conduct an obstruction.
(sec.149-ssec.5) A person must not pull down, damage, deface or destroy a board or anything else that is displaying a local law, order, notice or other matter authorised by a local government. Maximum penalty for subsection (5) —35 penalty units.
- (a) the mayor;
- (b) the chief executive officer;
- (c) an authorised person.
- 1 Local government workers are only those employees and agents of a local government who are authorised to act under chapter 5 , part 2 , division 2 .
- 2 In particular circumstances a local government worker may enter a property and carry out work or obtain materials in compliance with chapter 5 , part 2 , division 2 .
- (a) it is an offence to obstruct the official or worker, unless the person has a reasonable excuse; and
- (b) the official or worker considers the person’s conduct an obstruction.