How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Daniel Your Own Question
Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5616
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
13248794
Type Your Australia Law Question Here...
Daniel is online now
A new question is answered every 9 seconds

What is the penalty when facing court for contravene on

Customer Question

What is the penalty when facing court for contravene on direction? Is it jail time or a big fine?
JA: Since laws vary from place to place, what state is this in?
Customer: Queensland
JA: Has anything been filed or reported?
Customer: Im not sure its for my husband but he just got a slip to go to court
JA: Anything else you want the lawyer to know before I connect you?
Customer: I dont want to speak to a lawyer i just want some questions answered
Submitted: 8 months ago.
Category: Australia Law
Expert:  Daniel replied 8 months ago.

Hello, no jail time, just a fine of up to 60 penalty units, that is around a $7000 fine.

Clearly, it does not get up to that amount, it would be around the $500 mark.

Here is the section:

Police Powers and Responsibilities Act 2000 - SECT 791

791 Offence to contravene direction or requirement of police officer 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.

Maximum penalty—

(a) for contravening a direction given under section 48—

(i) within licensed premises, or in a regulated place located in the vicinity of licensed premises; or

(ii) in a public place located in a safe night precinct—60 penalty units; or

(b) for contravening another requirement or direction relating to a relevant law for which the penalty for a contravention of a similar requirement or direction made by a public official under the relevant law is more than 40 penalty units—the maximum penalty under the relevant law for the offence; or

(c) otherwise—40 penalty units.

(3) However, for a contravention of a requirement made by a police officer under section 17 or 18, the person may be prosecuted for a contravention of the relevant authorising law or subsection (2), but not both.

(4) Unless otherwise expressly provided, it is a reasonable excuse for a person not to comply with a requirement or direction to give information if giving the information would tend to incriminate the person.

(5) It is not a reasonable excuse for a person not to comply with a requirement or direction given by a police officer under chapter 17 that complying with the requirement or direction would tend to incriminate the person.

I wish to help you in this situation.

Expert:  Daniel replied 8 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 8 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 8 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 8 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 8 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 8 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.