QLDIn ForceAct
Police Powers and Responsibilities Act 2000
sec.791Offence to contravene direction or requirement of police officer
Start here
Get a plain-English read of sec.791
Turn the raw legal text into a practical explanation grounded in Police Powers and Responsibilities Act 2000.
### sec.791 Offence to contravene direction or requirement of police officer
This section applies if a person is given a requirement or direction under this Act and no other penalty is expressly provided for a contravention of the requirement or direction.
A person must not contravene a requirement or direction given by a police officer, including a requirement or direction contained in a notice given by a police officer, under this Act, unless the person has a reasonable excuse.
Maximum penalty—
for contravening a direction given under section 48 —
within licensed premises, or in a regulated place located in the vicinity of licensed premises; or
in a public place located in a safe night precinct—60 penalty units; or
for contravening another requirement or direction relating to a relevant law for which the penalty for a contravention of a similar requirement or direction made by a public official under the relevant law is more than 40 penalty units—the maximum penalty under the relevant law for the offence; or
otherwise—40 penalty units.
However, for a contravention of a requirement made by a police officer under section 17 or 18 , the person may be prosecuted for a contravention of the relevant authorising law or subsection (2) , but not both.
Unless otherwise expressly provided, it is a reasonable excuse for a person not to comply with a requirement or direction to give information if giving the information would tend to incriminate the person.
It is not a reasonable excuse for a person not to comply with a requirement or direction given by a police officer under chapter 17 that complying with the requirement or direction would tend to incriminate the person.
s 791 (prev s 357) renum 2000 No. 22 s 26
amd 2003 No. 49 s 20 ; 2014 No. 42 s 121
(sec.791-ssec.1) This section applies if a person is given a requirement or direction under this Act and no other penalty is expressly provided for a contravention of the requirement or direction.
(sec.791-ssec.2) A person must not contravene a requirement or direction given by a police officer, including a requirement or direction contained in a notice given by a police officer, under this Act, unless the person has a reasonable excuse. Maximum penalty— for contravening a direction given under section 48 — within licensed premises, or in a regulated place located in the vicinity of licensed premises; or in a public place located in a safe night precinct—60 penalty units; or for contravening another requirement or direction relating to a relevant law for which the penalty for a contravention of a similar requirement or direction made by a public official under the relevant law is more than 40 penalty units—the maximum penalty under the relevant law for the offence; or otherwise—40 penalty units.
(sec.791-ssec.3) However, for a contravention of a requirement made by a police officer under section 17 or 18 , the person may be prosecuted for a contravention of the relevant authorising law or subsection (2) , but not both.
(sec.791-ssec.4) Unless otherwise expressly provided, it is a reasonable excuse for a person not to comply with a requirement or direction to give information if giving the information would tend to incriminate the person.
(sec.791-ssec.5) It is not a reasonable excuse for a person not to comply with a requirement or direction given by a police officer under chapter 17 that complying with the requirement or direction would tend to incriminate the person.
- (a) for contravening a direction given under section 48 — (i) within licensed premises, or in a regulated place located in the vicinity of licensed premises; or (ii) in a public place located in a safe night precinct—60 penalty units; or
- (i) within licensed premises, or in a regulated place located in the vicinity of licensed premises; or
- (ii) in a public place located in a safe night precinct—60 penalty units; or
- (b) for contravening another requirement or direction relating to a relevant law for which the penalty for a contravention of a similar requirement or direction made by a public official under the relevant law is more than 40 penalty units—the maximum penalty under the relevant law for the offence; or
- (c) otherwise—40 penalty units.
- (i) within licensed premises, or in a regulated place located in the vicinity of licensed premises; or
- (ii) in a public place located in a safe night precinct—60 penalty units; or