QLDIn ForceAct
State Emergency Service Act 2024
sec.38Offence to assault or obstruct official
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### sec.38 Offence to assault or obstruct official
A person must not, unless the person has a reasonable excuse—
assault an official performing an SES function; or
obstruct an official performing an SES function.
Maximum penalty—100 penalty units or 6 months imprisonment.
If a person has obstructed an official and the official decides to proceed with the performance of the function, the official must warn the person that—
it is an offence to cause an obstruction unless the person has a reasonable excuse; and
the official considers the person’s conduct an obstruction.
In this section—
assault has the meaning given by the Criminal Code , section 245 .
obstruct includes hinder, resist, attempt to obstruct and threaten to obstruct.
official means—
an SES member; or
an authorised rescue officer.
(sec.38-ssec.1) A person must not, unless the person has a reasonable excuse— assault an official performing an SES function; or obstruct an official performing an SES function. Maximum penalty—100 penalty units or 6 months imprisonment.
(sec.38-ssec.2) If a person has obstructed an official and the official decides to proceed with the performance of the function, the official must warn the person that— it is an offence to cause an obstruction unless the person has a reasonable excuse; and the official considers the person’s conduct an obstruction.
(sec.38-ssec.3) In this section— assault has the meaning given by the Criminal Code , section 245 . obstruct includes hinder, resist, attempt to obstruct and threaten to obstruct. official means— an SES member; or an authorised rescue officer.
- (a) assault an official performing an SES function; or
- (b) obstruct an official performing an SES function.
- (a) it is an offence to cause an obstruction unless the person has a reasonable excuse; and
- (b) the official considers the person’s conduct an obstruction.
- (a) an SES member; or
- (b) an authorised rescue officer.