QLDIn ForceAct
Marine Parks Act 2004
sec.71Power to give direction to leave area
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### sec.71 Power to give direction to leave area
An inspector may direct a person to immediately leave a marine park or a part of it if—
the inspector finds the person committing, or attempting to commit, an offence against this Act; or
finds the person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person has committed or attempted to commit an offence against this Act.
The direction may require the person to remove the person’s property from the park or part of it.
When giving the direction, the inspector must tell the person the reason for giving it.
If it is reasonably practicable, the direction must be given in writing.
The person must comply with the direction, unless the person has a reasonable excuse.
Maximum penalty for subsection (5) —15 penalty units.
If the person, without reasonable excuse, fails to comply with the direction, an inspector may take the steps that appear to the inspector to be reasonable and necessary to secure compliance with the direction, including, for example—
using reasonable force; and
removing the person’s property to a place inside or outside the park.
(sec.71-ssec.1) An inspector may direct a person to immediately leave a marine park or a part of it if— the inspector finds the person committing, or attempting to commit, an offence against this Act; or finds the person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person has committed or attempted to commit an offence against this Act.
(sec.71-ssec.2) The direction may require the person to remove the person’s property from the park or part of it.
(sec.71-ssec.3) When giving the direction, the inspector must tell the person the reason for giving it.
(sec.71-ssec.4) If it is reasonably practicable, the direction must be given in writing.
(sec.71-ssec.5) The person must comply with the direction, unless the person has a reasonable excuse. Maximum penalty for subsection (5) —15 penalty units.
(sec.71-ssec.6) If the person, without reasonable excuse, fails to comply with the direction, an inspector may take the steps that appear to the inspector to be reasonable and necessary to secure compliance with the direction, including, for example— using reasonable force; and removing the person’s property to a place inside or outside the park.
- (a) the inspector finds the person committing, or attempting to commit, an offence against this Act; or
- (b) finds the person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person has committed or attempted to commit an offence against this Act.
- (a) using reasonable force; and
- (b) removing the person’s property to a place inside or outside the park.