sec.36Obstructing graffiti removal officer or helper

### sec.36 Obstructing graffiti removal officer or helper A person must not obstruct a graffiti removal officer, or any helper, in the exercise of power under this part, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. Subsection (3) applies if— a person obstructs a graffiti removal officer, or a helper, in the exercise of power under this part; and the graffiti removal officer proposes to proceed with exercise of the power. The graffiti removal officer must— if the officer has not already done so—state that the officer is a graffiti removal officer and explain the officer’s power under this part; and warn the person that— it is an offence to obstruct the officer and any helper unless the person has a reasonable excuse; and the officer considers the person’s conduct is obstruction; and give the person a reasonable opportunity to stop the obstruction. In this section— obstruct includes the following— assault; hinder; intimidate; prevent; attempt to obstruct. s 36 ins 2008 No. 42 s 6 amd 2024 No. 24 s 57 s ch 1 pt 2 (sec.36-ssec.1) A person must not obstruct a graffiti removal officer, or any helper, in the exercise of power under this part, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. (sec.36-ssec.2) Subsection (3) applies if— a person obstructs a graffiti removal officer, or a helper, in the exercise of power under this part; and the graffiti removal officer proposes to proceed with exercise of the power. (sec.36-ssec.3) The graffiti removal officer must— if the officer has not already done so—state that the officer is a graffiti removal officer and explain the officer’s power under this part; and warn the person that— it is an offence to obstruct the officer and any helper unless the person has a reasonable excuse; and the officer considers the person’s conduct is obstruction; and give the person a reasonable opportunity to stop the obstruction. (sec.36-ssec.4) In this section— obstruct includes the following— assault; hinder; intimidate; prevent; attempt to obstruct. - (a) a person obstructs a graffiti removal officer, or a helper, in the exercise of power under this part; and - (b) the graffiti removal officer proposes to proceed with exercise of the power. - (a) if the officer has not already done so—state that the officer is a graffiti removal officer and explain the officer’s power under this part; and - (b) warn the person that— (i) it is an offence to obstruct the officer and any helper unless the person has a reasonable excuse; and (ii) the officer considers the person’s conduct is obstruction; and - (i) it is an offence to obstruct the officer and any helper unless the person has a reasonable excuse; and - (ii) the officer considers the person’s conduct is obstruction; and - (c) give the person a reasonable opportunity to stop the obstruction. - (i) it is an offence to obstruct the officer and any helper unless the person has a reasonable excuse; and - (ii) the officer considers the person’s conduct is obstruction; and - (a) assault; - (b) hinder; - (c) intimidate; - (d) prevent; - (e) attempt to obstruct.