(1) A person commits an offence if the person—
(a) is subject to a direction under section 116 (2); and
(b) fails to comply with the direction.
Maximum penalty: 5 penalty units.
Note It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code
, pt 3.4).
(2) An offence against this section is a strict liability offence.
(3) This section does not apply to a person if the inspector did not produce the inspector's identity card for inspection by the person if asked.
(4) This section does not apply to a person if the inspector did not, before giving the direction, warn the person that failure to comply with the direction is an offence.
Note The defendant has an evidential burden in relation to the matters mentioned in s (3) and s (4) (see Criminal Code
, s 58).