ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 402 Offences against authorised officers and rangers

Commonwealth Numbered Acts

Offences against authorised officers and rangers

(a): uses or threatens violence against another person; and
(b): does so knowing that the other person is an authorised officer or a ranger; and
(c): does so because of that other person's status as an authorised officer or ranger.

(2): An offence against subsection (1) is punishable, on conviction, by imprisonment for not more than 7 years or a fine not exceeding 420 penalty units, or both.
(3): A person is guilty of an offence if the person:

(a): obstructs, intimidates, resists or hinders another person who is an authorised officer or a ranger exercising or performing his or her powers, duties or functions; and
(b): does so knowing that the other person is an authorised officer or ranger.

(4): An offence against subsection (3) is punishable, on conviction, by imprisonment for not more than 2 years or a fine not exceeding 120 penalty units, or both.
(5): It is immaterial whether the defendant was aware that the authorised officer or ranger was engaged in the exercise or performance, or attempted exercise or performance of a power, duty or function of such officer or ranger.
(6): It is a defence in proceedings for an offence against subsection (3), if at the time of the conduct constituting the offence, the authorised officer or ranger was abusing his or her power.
(7): This section does not limit the power of a court to punish a contempt of that court.
(8): Subsections (1) and (3) are not intended to exclude or limit the concurrent operation of any law of the Australian Capital Territory in a case where the other person referred to in that subsection is a member or special member of the Australian Federal Police.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback