Crimes Act 1914

Part IAA - Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)  

Division 3B - Identity information requirements, and move-on powers, at airports  

SECTION 3UU   Directions at airports - offences  
Contravening directions

(1)    
A person commits an offence if:


(a) the person is given a direction by a constable or protective service officer under:


(i) section 3UP (identity information at airports); or

(ii) section 3UQ (move-on directions at airports); or

(iii) section 3US (stop and directions powers at airports); and


(b) the person engages in conduct; and


(c) the conduct contravenes the direction; and


(d) in the case of a direction given under section 3UP or 3UQ - the constable or officer complies with section 3UT (constables ' and protective service officers ' duties at airports).

Penalty: 20 penalty units.


(2)    
Absolute liability applies to paragraph (1)(d).

Note 1:

For absolute liability, see section 6.2 of the Criminal Code .

Note 2:

For subsection (1), a person may contravene a direction by failing to comply with the direction (see the definition of contravene in section 2B of the Acts Interpretation Act 1901 ).

Note 3:

The following offences more serious than the offence under subsection (1) may also apply:

  • (a) giving false or misleading information (see section 137.1 of the Criminal Code );
  • (b) producing a false or misleading document (see section 137.2 of the Criminal Code );
  • (c) obstructing a Commonwealth public official (see section 149.1 of the Criminal Code ).


  • Failure by constable or protective service officer to give status or identity information etc.

    (3)    
    A person commits an offence if:


    (a) the person is subject to a requirement under section 3UT (constables ' and protective service officers ' duties at airports); and


    (b) the person engages in conduct; and


    (c) the conduct breaches the requirement.

    Penalty: 5 penalty units.


    (4)    
    In this section:

    engage in conduct
    means:


    (a) do an act; or


    (b) omit to perform an act.



     

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