54Direction to move vehicle

54 Direction to move vehicle

(1) A ranger who believes, on reasonable grounds, that a vehicle: (a) is being, or has been, used; or (b) is parked; on Trust land in contravention of this instrument may direct the driver of the vehicle to move the vehicle. (2) If a ranger gives a person a direction under subsection (1), the ranger must inform the person of the consequences, under subsection (3) and section 55, of failing to comply with the order. (3) A person commits an offence if: (a) the person is given a direction under subsection (1); and (b) the person fails to comply with the direction.

Penalty: 5 penalty units.

(4) Subsection (3) does not apply unless the ranger, at the time of giving the direction: (a) produced the ranger’s identity card, or identification as a police officer; and (b) warned the person that the failure to comply with the direction is an offence. (5) Subsection (3) does not apply if the defendant complies with the direction to the extent to which the defendant is capable.

Note: A defendant bears an evidential burden in relation to the matters in subsections (4) and (5) (see subsection 13.3(3) of the Criminal Code).

(6) Strict liability applies to subsection (3).