Commonwealth Consolidated Acts

TORRES STRAIT FISHERIES ACT 1984 - SECT 43

             (1)  A person:

                     (a)  shall facilitate by all reasonable means the boarding of a boat by an officer in the exercise of his or her powers under section 42; and

                     (b)  shall not refuse to allow a search to be made that is authorised by or under this Act; and

                     (c)  shall not refuse or neglect to comply with a requirement made by an officer under section 42; and

                    (ca)  shall not refuse to allow a person to inspect a boat, or any part of a boat, pursuant to paragraph 42(1)(ha); and

                     (e)  shall not use abusive or threatening language to an officer or other person exercising a power or performing a function under this Act; and

                      (f)  must not assault, resist or obstruct an officer or other person exercising a power or performing a function under this Act in the exercise of the power or performance of the function.

Penalty:  20 penalty units or imprisonment for 12 months, or both.

          (1A)  Paragraphs (1)(b), (c) and (ca) do not apply if the person has a reasonable excuse.

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