Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person who is a defence member or a defence civilian commits an offence if:
(a) the person obstructs another person; and
(b) that other person:
(i) is a police member acting in the performance of his or her duty; or
(ii) is lawfully exercising authority under or on behalf of a service police officer.
Maximum punishment: Imprisonment for 12 months.
(2) A defence member commits an offence if:
(a) the member is called on to assist another person; and
(b) that other person:
(i) is a police member acting in the performance of his or her duty; or
(ii) is lawfully exercising authority under or on behalf of a service police officer; and
(c) the member refuses to assist that other person.
Maximum punishment: Imprisonment for 12 months.
(3) In paragraphs (1)(b) and (2)(b), strict liability applies to the physical element of circumstance, that the person was a police member, or a person lawfully exercising authority under or on behalf of a service police officer.
Note: For strict liability , see section 6.1 of the Criminal Code .
(4) It is a defence to a charge under this section if the person proves that he or she neither knew, nor could reasonably be expected to have known, that the other person was a police member, or a person lawfully exercising authority under or on behalf of a service police officer, as the case requires.
Note: The defendant bears a legal burden in relation to the matter in subsection (4). See section 13.4 of the Criminal Code .