203Obstructing or hindering OEI inspector

203 Obstructing or hindering OEI inspector

(1) A person contravenes this subsection if: (a) the person engages in conduct; and (b) the conduct obstructs or hinders an OEI inspector in the exercise of the OEI inspector’s powers under Part 2 or 3 of the Regulatory Powers Act, as it applies under this Division. Fault‑based offence (2) A person commits an offence if the person contravenes subsection (1).

Note: The same conduct may be an offence against both this subsection and section 149.1 of the Criminal Code.

Penalty: 60 penalty units.

Civil penalty provision (3) A person is liable for a civil penalty if the person contravenes subsection (1).

Civil penalty: 135 penalty units.

Exception—reasonable excuse (4) Subsection (1) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).