Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 791

791 Offence to contravene direction or requirement of police officer

(1) This section applies if a person is given a requirement or direction under this Act and no other penalty is expressly provided for a contravention of the requirement or direction.

(2) A person must not contravene a requirement or direction given by a police officer, including a requirement or direction contained in a notice given by a police officer, under this Act, unless the person has a reasonable excuse.

Penalty—

Maximum penalty—

(a) for contravening a direction given under section 48 —

(i) within licensed premises, or in a regulated place located in the vicinity of licensed premises; or

(ii) in a public place located in a safe night precinct—60 penalty units; or

(b) for contravening another requirement or direction relating to a relevant law for which the penalty for a contravention of a similar requirement or direction made by a public official under the relevant law is more than 40 penalty units—the maximum penalty under the relevant law for the offence; or

(c) otherwise—40 penalty units.

(3) However, for a contravention of a requirement made by a police officer under section 17 or 18 , the person may be prosecuted for a contravention of the relevant authorising law or subsection (2) , but not both.

(4) Unless otherwise expressly provided, it is a reasonable excuse for a person not to comply with a requirement or direction to give information if giving the information would tend to incriminate the person.

(5) It is not a reasonable excuse for a person not to comply with a requirement or direction given by a police officer under chapter 17 that complying with the requirement or direction would tend to incriminate the person.