Contravene Direction
'791 Offence to contravene direction or requirement of police officer
(1) This section applies if a person is given a requirement or direction under this Act and no other penalty is expressly provided for a contravention of the requirement or direction.
(2) A person must not contravene a requirement or direction given by a police officer, including a requirement or direction contained in a notice given by a police officer, under this Act, unless the person has a reasonable excuse.': Police Powers and Responsibilities Act 2000 (Qld)
Maximum penalty— generally 40 penalty units.
(1) This section applies if a person is given a requirement or direction under this Act and no other penalty is expressly provided for a contravention of the requirement or direction.
(2) A person must not contravene a requirement or direction given by a police officer, including a requirement or direction contained in a notice given by a police officer, under this Act, unless the person has a reasonable excuse.': Police Powers and Responsibilities Act 2000 (Qld)
Maximum penalty— generally 40 penalty units.
Assault/Obstruct Police
'790 Offence to assault or obstruct police officer
(1) A person must not assault or obstruct a police officer in the performance of the officer’s duties.
Maximum penalty—40 penalty units or 6 months imprisonment.
(2) For subsection (1), a person who obstructs a police dog or police horse under the control of a police officer in the performance of the police officer’s duties is taken to obstruct the police officer.
(3) In this section--
assault has the meaning given by the Criminal Code, section 245.
obstruct includes hinder, resist and attempt to obstruct.': Police Powers and Responsibilities Act 2000 (Qld)
(1) A person must not assault or obstruct a police officer in the performance of the officer’s duties.
Maximum penalty—40 penalty units or 6 months imprisonment.
(2) For subsection (1), a person who obstructs a police dog or police horse under the control of a police officer in the performance of the police officer’s duties is taken to obstruct the police officer.
(3) In this section--
assault has the meaning given by the Criminal Code, section 245.
obstruct includes hinder, resist and attempt to obstruct.': Police Powers and Responsibilities Act 2000 (Qld)
Challenging the charges
If police exceed their powers under the Act or act outside their lawful duties - charges of obstruct/assault police/contravene direction may not stand: see, eg, Nguyen v Elliot (1995) VSC 754 and Rowe v Kemper [2009] 1 Qd R 247.
If the direction is to provide identification - recall defences outlined in s 40(3) Police Powers and Responsibilities Act 2000 (Qld).
If the direction is to provide identification - recall defences outlined in s 40(3) Police Powers and Responsibilities Act 2000 (Qld).