Queensland Consolidated Acts

SUMMARY OFFENCES ACT 2005 - SECT 36

36 Obstructing graffiti removal officer or helper

(1) A person must not obstruct a graffiti removal officer, or any helper, in the exercise of power under this part, unless the person has a reasonable excuse.

Penalty—

Maximum penalty—40 penalty units.

(2) Subsection (3) applies if—

(a) a person obstructs a graffiti removal officer, or a helper, in the exercise of power under this part; and

(b) the graffiti removal officer proposes to proceed with exercise of the power.

(3) The graffiti removal officer must—

(a) if the officer has not already done so—state that the officer is a graffiti removal officer and explain the officer’s power under this part; and

(b) warn the person that—

(i) it is an offence to obstruct the officer and any helper unless the person has a reasonable excuse; and

(ii) the officer considers the person’s conduct is obstruction; and

(c) give the person a reasonable opportunity to stop the obstruction.

(4) In this section—

"obstruct" includes the following—

(a) assault;

(b) hinder;

(c) intimidate;

(d) prevent;

(e) attempt to obstruct.