Australian Capital Territory Numbered Acts

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PUBLIC HEALTH ACT 1997 (NO. 69 OF 1997) - SECT 86

Interference with seized things

86. (1) Where an authorised officer has seized a thing under this Part and detained it at a place pursuant to section 85, a person shall not, without the permission of the officer, remove, break, open or interfere with the thing.

Penalty:

        (a)     if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;

        (b)     if the offender is a body corporate—250 penalty units.

(2) Where an offence against subsection (1) has been committed, then whether or not any person has been charged with or convicted of that offence, the occupier of the place where the offence was committed is guilty of an offence.

Penalty:

        (a)     if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;

        (b)     if the offender is a body corporate—250 penalty units.

(3) It is a defence to a prosecution for breach of subsection (2) if the defendant establishes that he or she—

        (a)     had taken all reasonable steps to prevent the breach of subsection (1); or

        (b)     had reasonable grounds for believing that another person had taken, or would take, all reasonable steps to prevent that breach.



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