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PASSENGER MOVEMENT CHARGE COLLECTION ACT 1978 - SECT 8

Offences

  (1)   A person shall not fail to answer a question or produce a document when required to do so in pursuance of section   7 .

Penalty:   1 penalty unit.

  (1A)   Subsection   ( 1) does not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   ( 1A) (see subsection   13.3(3) of the Criminal Code ).

  (1B)   Subsection   ( 1) is an offence of strict liability.

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

  (3)   A person shall not obstruct or hinder an authorised officer acting in the performance of his or her functions or the exercise of his or her powers under this Act.

Penalty:   5 penalty units.

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

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

  (4)   A person shall not assault or threaten an authorised officer acting in the performance of his or her functions or the exercise of his or her powers under this Act.

Penalty:   10 penalty units or imprisonment for 6 months, or both.

  (5)   For the purposes of an offence against subsection   ( 3) or (4), strict liability applies to the following physical elements of circumstance of the offence:

  (a)   that the person obstructed or hindered is an authorised officer;

  (b)   that the authorised officer is acting in the performance of his or her functions or the exercise of his or her powers under this Act.

Note:   For strict liability , see section   6.2 of the Criminal Code .



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