(1)

A ranger or warden who believes, on reasonable grounds, that a vehicle:

(a)

is being, or has been, used; or

(b)

is parked;

on Trust land in contravention of these Regulations may direct the driver of the vehicle to move the vehicle.

(2)

The driver of a vehicle must not fail to comply with a direction under subregulation (1).

Penalty:
5 penalty units.

(3)

Despite subregulation (2), a person does not commit an offence under that subregulation unless the ranger or warden, at the time of giving the direction:

(a)

produced his or her identity card, or identification as a police officer; and

(b)

warned the person that the failure to comply with the direction is an offence.

(4)

It is a defence to a prosecution for an offence against subregulation (2) if the defendant complies with the direction to the extent to which he or she is capable.

Note
A defendant bears an evidential burden in relation to the matter in subregulation (4) (see subsection 13.3 (3) of the Criminal Code ).

(5)

An offence against subregulation (2) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

(6)

In this regulation:

"driver" includes any adult who appears to be the driver of the vehicle, whether or not he or she is sitting in the driver's seat of the vehicle.