Northern Territory Consolidated Acts

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POLICE ADMINISTRATION ACT 1978 - SECT 116KI

Offence of failure to comply with requirement

    (1)     A person commits an offence if the person:

        (a)     is required by a member under section 116KD, 116KE or 116KF:

            (i)     to stop and submit to the use of a hand held scanner; or

            (ii)     to produce a thing and resubmit to the use of a hand held scanner; and

        (b)     fails to comply with the requirement.

Maximum penalty:     8 penalty units.

    (2)     An offence against subsection (1) is an offence of strict liability.

    (3)     It is a defence to a prosecution for an offence against subsection (1) if the person has a reasonable excuse.

    (4)     A prosecution for an offence against subsection (1) must not be commenced unless the member who gave the requirement:

        (a)     complied with section 116KH(5); and

        (b)     warned the person that failure to comply with the requirement is an offence; and

        (c)     gave the person at least 2 opportunities to comply with the requirement, at least one of which was given after the warning mentioned in paragraph (b).



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