Commonwealth Consolidated Acts

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CIVIL AVIATION ACT 1988 - SECT 32AK

Powers in relation to aircraft etc.

  (1)   An investigator may, for the purpose of performing the functions or exercising the powers of an investigator under this Part   in relation to an aircraft, vessel or vehicle, require the person apparently in control of the aircraft, vessel or vehicle to do either or both of the following:

  (a)   to stop and detain the aircraft, vehicle or vessel for such reasonable period as the investigator specifies;

  (b)   to take all reasonable steps to ensure that the aircraft, vehicle or vessel, or a specified part of it, is left undisturbed for such reasonable period as the investigator specifies.

  (2)   A person must not fail to comply with a requirement under subsection   (1).

Penalty:   30 penalty units.

  (3)   Subsection   (2) does not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (3) (see subsection   13.3(3) of the Criminal Code ).

  (4)   An offence under subsection   (2) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .



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