Part 8659 Production of certificate of authority to enter premises
A person authorised under this Act to enter premises who does not, on demand by the owner or occupier of the premises, produce the written authority to enter given to the person by the Director-General or the council is guilty of an offence.Maximum penalty: 5 penalty units.
A person who wilfully obstructs any of the following in the exercise of any function under this Act, or any other Act or any regulation conferring functions on a council is guilty of an offence:• the Minister• the Director-General• a Departmental representative authorised under Part 5 of Chapter 13• a person authorised under section 746• an auditor appointed under Part 3 of Chapter 13• a council• a councillor• an administrator appointed as referred to in section 256• an employee of a council• a police officer• a person duly authorised to perform the function for the purposes of the Act or regulation concerned.Maximum penalty: 20 penalty units.
661 Failure to comply with certain directions
A person who fails, without lawful excuse, to comply with a direction given to the person under Part 3 or 5 of Chapter 13 by a person authorised to give the direction is guilty of an offence.Maximum penalty: 20 penalty units.
662 Occupier, manager or agent refusing to give name of owner
An occupier or manager of any premises or an agent of the owner of the premises who, on the request of a council or an authorised person, refuses or wilfully omits to disclose or wilfully misstates the name and address of the owner of the premises or of the person receiving or authorised to receive the rents of the premises is guilty of an offence.Maximum penalty: 5 penalty units.
663 Owner refusing to give name of manager or occupier
An owner of premises who, on the request of a council or an authorised person, refuses or wilfully omits to disclose or wilfully misstates the name and address of the manager or occupier of the premises is guilty of an offence.Maximum penalty: 5 penalty units.
664 Disclosure and misuse of information
(1) A person must not disclose any information obtained in connection with the administration or execution of this Act unless that disclosure is made:(a) with the consent of the person from whom the information was obtained, or(b) in connection with the administration or execution of this Act, or(c) for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings, or(d) in accordance with a requirement imposed under the Ombudsman Act 1974 or the Government Information (Public Access) Act 2009, or(e) with other lawful excuse.(1A) In particular, if part of a meeting of a council or a committee of a council is closed to the public in accordance with section 10A (1), a person must not, without the authority of the council or the committee, disclose (otherwise than to the council or a councillor of the council) information with respect to the discussion at, or the business of, the meeting.(1B) Subsection (1A) does not apply to:(a) the report of a committee of a council after it has been presented to the council, or(b) disclosure made in any of the circumstances referred to in subsection (1) (a)–(e), or(c) disclosure made in circumstances prescribed by the regulations, or(d) any agenda, resolution or recommendation of a meeting that a person is entitled to inspect in accordance with section 12.(2) A person acting in the administration or execution of this Act must not use, either directly or indirectly, information acquired by the person in that capacity, being information that is not generally known, for the purpose of gaining either directly or indirectly a financial advantage for the person, the person’s spouse or de facto partner or a relative of the person.(3) A person acting in the administration or execution of this Act, and being in a position to do so, must not, for the purpose of gaining either directly or indirectly an advantage for the person, the person’s spouse or de facto partner or a relative of the person, influence:(a) the determination of an application for an approval, or(b) the giving of an order.Maximum penalty: 50 penalty units.
665 False or misleading information
(1) A person who, in or in connection with an application under this Act, makes any statement that the person knows to be false or misleading in a material particular is guilty of an offence.Maximum penalty: 20 penalty units.
(2) (Repealed)
666 Wilful destruction of documents
(1) Any person who, without reasonable excuse, wilfully destroys any document belonging to a council is guilty of an offence.Maximum penalty: 20 penalty units.
(2) Any person who, without lawful authority, destroys, defaces or alters a council record is guilty of an offence.Maximum penalty: 20 penalty units.
667 Wilful destruction of notices and signs
A person who wilfully removes, destroys, defaces, damages or otherwise interferes with a notice or sign erected by a council is guilty of an offence.Maximum penalty: 20 penalty units.
A person who attempts to commit an offence against this Act or the regulations is guilty in the same degree and liable to the same penalty as a person who commits the offence.
669 Penalties extended to persons causing offence
A person:(a) who causes the commission of an offence against this Act or the regulations, or(b) by whose order or direction such an offence is committed, or(c) who aids, abets, counsels or procures or by act or omission is directly or indirectly concerned in the commission of such an offence,is guilty in the same degree and liable to the same penalty as the principal offender.
(1) A person who fails to comply with the terms of a notice or sign referred to in this Chapter is not guilty of an offence unless the notice or sign:(a) is clearly legible, and(b) where it relates to:(i) the whole of a parcel of public land, is exhibited at each entrance to the parcel of public land or in a conspicuous place in or in the vicinity of the parcel of public land, or(ii) part only of a parcel of public land, is exhibited at each entrance to that part or in a conspicuous place in or in the vicinity of that part, or(iii) a building, is exhibited (as may be appropriate) either inside or at or near the entrance to the building.(2) The council has the onus of proving that the notice or sign complies with this section.
671 Proof of lawful or reasonable excuse
Where, by this Act, the doing of a particular act without lawful or reasonable excuse is made an offence, proof of the lawful or reasonable excuse lies on the accused.