sec.791Offence to contravene direction or requirement of police officer

### 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