Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 10 - REGULATION AND ENFORCEMENT  

PART 10-4 - OFFENCES RELATING TO REGULATORY AND ENFORCEMENT POWERS OF REGISTRAR  

Division 461 - Offences relating to regulatory and enforcement powers of Registrar  

SECTION 461-1   OBSTRUCTING REGISTRAR OR INTERFERING WITH MEETING CALLED BY REGISTRAR ETC.  

461-1(1)    
A person must not:

(a)    engage in conduct that results in the obstruction or hindering of an authorised officer in the performance of the officer ' s powers under Part 10-3 ; or

(b)    engage in conduct that results in the obstruction or hindering of a person who is executing a warrant under Division 456 .

Penalty: 100 penalty units or imprisonment for 2 years, or both.

461-1(2)    
Subsection (1) does not apply to the extent that the person has a reasonable excuse.

Note:

A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code ).

461-1(3)    
The occupier, or person in charge, of premises that a person enters under a warrant issued under Division 456 must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.

Penalty: 25 penalty units or imprisonment for 6 months, or both.

461-1(4)    
A person must not:

(a)    engage in conduct that results in the obstruction or hindering of the Registrar or the Registrar ' s delegate in the performance or exercise of any of the Registrar ' s functions and powers; or

(b)    engage in conduct that results in the disruption of a meeting called under section 439-10 or 439-15 .

Penalty: 50 penalty units or imprisonment for 1 year, or both.

461-1(5)    
An offence constituted by a contravention of subsection (4) is punishable on summary conviction.