169   Obstructing or hindering authorised officers

(cf model provisions, s 62)

(1)  A person is guilty of an offence if:

(a)  an authorised officer is exercising a power under this Act, and

(b)  the person obstructs or hinders the officer in the exercise of the power.

Maximum penalty: 80 penalty units (in the case of an individual) or 400 penalty units (in the case of a corporation).

(2)  However, an offence is not committed under this section in relation to a power under Division 4 (Powers of inspection and search) unless it is established that the power:

(a)  was being exercised lawfully, and

(b)  without limiting paragraph (a), was:

(i)  exercisable without consent, or

(ii)  being exercised under the authority of a warrant.

(3)  The onus of proof of a matter set out in subsection (2) lies on the prosecution in proceedings for an offence under this section.