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Obstructing Traffic

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Obstructing Traffic is an offence under Section 6 of the Summary Offences Act 1988 which carries a maximum penalty of 4 penalty units which is currently $440.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You prevented the free passage of a person, vehicle or vessel in a public place, and
  2. You did so wilfully

A ‘vehicle’ is defined as:

  1. A motor vehicle, whether or not capable of being driven
  2. A train or other vehicle used on a railway or monorail, or
  3. A caravan or anything constructed to be drawn by a vehicle or animal

A public place is defined as:

A place or part of a premises that is open to, or used by the public, whether or not for payment, and whether or not only open to a limited class of persons. It includes privately owned roads and car parks that are open to the public.

‘Wilfully’ means intentionally.

You are not guilty of the charge if you are able to prove ‘on the balance of probabilities’ that had a ‘reasonable excuse’ for your conduct.

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