SKIN PENETRATION PROCEDURES ACT 1994 - SECT 49 49. (1) Where an authorised officer has seized a thing under this Part and detained it on premises pursuant to section 39, a person who, without the permission of an authorised officer, removes, breaks, opens or interferes with the thing is guilty of an offence punishable on conviction by a fine not exceeding $5,000 or imprisonment for 6 months, or both.

Australian Capital Territory Repealed Acts

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This legislation has been repealed.

SKIN PENETRATION PROCEDURES ACT 1994 - SECT 49

49. (1) Where an authorised officer has seized a thing under this Part and detained it on premises pursuant to section 39, a person who, without the permission of an authorised officer, removes, breaks, opens or interferes with the thing is guilty of an offence punishable on conviction by a fine not exceeding $5,000 or imprisonment for 6 months, or both.

(2) Where an offence against subsection (1) has been committed, then whether or not any person has been charged with or convicted of that offence, the occupier of the premises where the offence was committed is guilty of an offence.

Penalty: $5,000 or imprisonment for 6 months, or both.

(3) It is a defence to a prosecution for breach of subsection (2) that the defendant—

(a) had taken all reasonable steps to prevent the breach of subsection (1); or

(b) believed on reasonable grounds that another person had taken, or would take, all reasonable steps to prevent that breach.

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