Diamond (Argyle Diamond Mines Joint Venture) Agreement Act 1981 (WA)

Western Australia Diamond (Argyle Diamond Mines Joint Venture) Agreement Act 1981 Reprinted under the Reprints Act 1984 as at 18 March 2011 Western Australia Diamond (Argyle Diamond Mines Joint Venture) Agreement Act 1981 Contents Part I — Preliminary 1. Short title 2 2. Terms used 2 Part II — Ratification of Agreement and supplementary agreements 3. Agreement 3 3A. First supplementary agreement 3 3B. Second supplementary agreement 3 3C. Third supplementary agreement 3 4. By‑laws 3 5. Money Lenders Act 1912 not to apply 4 Part III — Mining tenements and rights as to minerals 6. Terms used and application of this Part 5 7. Registration and validity of certain mineral claims 6 8. Certain entitlements of Company declared and protected 8 9. Certain rights etc. of others extinguished etc. 10 10. Marking out of certain land, effect of 12 11. Saving of certain pending applications 13 12. Validity of mining lease under Agreement 14 13. Certain mineral claims and mining tenements continued in force 15 Part IV — Security of diamond mining and processing areas 14. Terms used 17 15. Designated areas, declaration of 18 16. Unauthorised possession of diamonds in designated areas 19 17. Entering and leaving designated areas 19 18. Security officer may direct etc. persons in designated area 21 19. Stopping etc. people etc. in or near designated areas 23 20. Searching etc. vehicles etc. in designated areas 23 21. Detaining and searching people in designated areas 23 22. Emergency action excepted from s. 17 to 20 and 21(1)(c) 26 23. Powers of police under s. 21 additional to others 27 24. Evidentiary provisions 27 25. Restitution order for diamonds on conviction 27 26. Security and Related Activities (Control) Act 1996 to apply 27 27. Offences under other Acts not excluded 28 28. Protection from liability for security officers etc. 28 29. Regulations 28 Schedule 1 — Mineral claims Schedule 2 — Diamond (Argyle Diamond Mines Joint Venture) Agreement Schedule 3 — First supplementary agreement Schedule 4 — Second supplementary agreement Schedule 5 — Third supplementary agreement Notes Compilation table 149 Defined terms Reprinted under the Reprints Act 1984 as at 18 March 2011 Western Australia Diamond (Argyle Diamond Mines Joint Venture) Agreement Act 1981 An Act to ratify and authorise the implementation of an agreement between the State of Western Australia and CRA Exploration Pty. Limited, Ashton Mining Limited, Tanaust Proprietary Limited, A.O. (Australia) Pty. Limited and Northern Mining Corporation N.L. and CRA Limited relating to the mining, marketing and processing of diamonds and to matters related thereto; to make provisions as to rights in respect of certain land and minerals to which the Agreement relates and as to the security of operations carried on pursuant to or for the purposes of the Agreement; and for incidental and other purposes. Part I — Preliminary 1. Short title This Act may be cited as the Diamond (Argyle Diamond Mines Joint Venture) Agreement Act 1981 1. [Section 1 inserted: No. 12 of 1983 s. 2.] 2. Terms used In this Act unless the contrary intention appears — Agreement means the agreement a copy of which is set out in Schedule 2 and, except in section 3(1), includes that agreement as altered from time to time in accordance with its provisions and by the first supplementary agreement, the second supplementary agreement and the third supplementary agreement; Company means CRA Exploration Pty. Limited, a company incorporated in the State of New South Wales; first supplementary agreement means the agreement a copy of which is set out in Schedule 3; Joint Venturers has the same meaning as that expression has in and for the purposes of the Agreement; second supplementary agreement means the agreement a copy of which is set out in Schedule 4; third supplementary agreement means the agreement a copy of which is set out in Schedule 5. [Section 2 amended: No. 12 of 1983 s. 3; No. 39 of 2001 s. 4; No. 37 of 2008 s. 4.] Part II — Ratification of Agreement and supplementary agreements [Heading amended: No. 39 of 2001 s. 5.] 3. Agreement (1) The Agreement is hereby ratified. (2) The implementation of the Agreement is authorised. 3A. First supplementary agreement The first supplementary agreement is approved and ratified. [Section 3A inserted: No. 39 of 2001 s. 6.] 3B. Second supplementary agreement The second supplementary agreement is approved and ratified. [Section 3B inserted: No. 39 of 2001 s. 6.] 3C. Third supplementary agreement The third supplementary agreement is ratified. [Section 3C inserted: No. 37 of 2008 s. 5.] 4. By‑laws (1) The Governor may, on the recommendation of the Joint Venturers, make by‑laws in accordance with and for the purposes referred to in the Agreement. (2) By‑laws made pursuant to this section — (a) are not subject to section 36 of the Interpretation Act 1918 2 but — (i) shall be published in the Gazette; and (ii) shall take effect and have the force of law from the date they are so published or from a later date provided for in the by‑laws; (b) may provide that contravention of or failure to comply with a by‑law constitutes an offence and provide penalties not exceeding a fine of $100 for offences against the by‑laws. 5. Money Lenders Act 1912 not to apply (1) Subject to subsection (2), the Money Lenders Act 1912 3 does not apply to or in relation to any loan made, before the termination date as defined in section 6(1), to or by a party to the Agreement, or to or in relation to any contract or security relating to such a loan. (2) Subsection (1) does not prevent the application of the Money Lenders Act 1912 3 to or in relation to a loan made by a party to the Agreement to a person who is not a party to the Agreement, or to or in relation to any contract or security relating to such a loan, unless the loan is made for the purposes of, or for purposes incidental to, the implementation of the Agreement. (3) In this section — loan has the meaning given to that expression by section 2 of the Money Lenders Act 1912 3; party to the Agreement means the Joint Venturers, or any of them, or CRA Limited, a company incorporated in Victoria. [Section 5 amended: No. 12 of 1983 s. 5.] Part III — Mining tenements and rights as to minerals 6. Terms used and application of this Part (1) In this Part unless the contrary intention appears — court includes a tribunal or person acting judicially, administratively or otherwise and, without limiting the generality of the foregoing, includes a warden presiding at a warden's court or acting or adjudicating in any other capacity; Department means the Department of Mines 4 of the Public Service of the State; marking out includes marking off; Mining Act 1904 includes the regulations made thereunder; Mining Act 1978 includes the regulations made thereunder; Minister and warden — (a) before the coming into operation of section 3 of the Mining Act 1978, have the same meanings as those expressions have, respectively, in and for the purposes of the Mining Act 1904 5; (b) after the coming into operation of section 3 of the Mining Act 1978, have the same meanings as those expressions have, respectively, in and for the purposes of that Act; subject land means the area within the surveyed boundaries described on the plan marked "A" (initialled by or on behalf of the parties to the Agreement for the purposes of identification) which area is coloured blue on that plan for the purposes of identification and for those purposes only; temporarily reserved land means the land that was, immediately before the coming into operation of this Act, comprised in temporary reserves 7216H, 7217H, 7311H and 7323H but does not include any portion of the subject land; temporary reserve means a reserve created under section 276 of the Mining Act 1904 5; termination date means the date of the cessation or determination of the Agreement in accordance with the terms thereof or of the determination of the Agreement by agreement between the parties thereto. (2) A reference to the marking out of land includes a reference to the occupation of and marking out of land or the taking possession of and marking out of land. (3) The provisions of this Part apply notwithstanding any law or the provisions of any other Act or any regulation. 7. Registration and validity of certain mineral claims (1) The applications recorded in a register kept in the Department as — (a) applications by the Company for mineral claims with the designations MC 80/6787, MC 80/6788, MC 80/7854 and MC 80/7855, respectively; and (b) applications by the Company for mineral claims with the respective designations set out in Schedule 1; and (c) applications by the Company for mineral claims with the designations MC 80/6834, MC 80/6835 and MC 80/6836, respectively, are deemed to be and always to have been validly and effectually made and received for the purposes of the Mining Act 1904 5. (2) On the coming into operation of this Act — (a) each application mentioned in subsection (1)(a) is, by operation of this subsection, approved under and for the purposes of the Mining Act 1904 5 for the whole of the area the subject of the application; and (b) the whole of the area the subject of each application mentioned in subsection (1)(a) shall, by operation of this subsection, cease to be temporarily reserved pursuant to section 276 of the Mining Act 1904 5; and (c) a mineral claim for diamonds with the appropriate designation mentioned in subsection (1)(a) is, by operation of this subsection, registered in the name of the Company under and for the purposes of the Mining Act 1904 5 for the whole of the area the subject of each of the applications mentioned in subsection (1)(a). (3) The mineral claims registered by operation of subsection (2) shall be subject to the same conditions as were imposed on the approval of the application recorded in a register kept in the Department as an application for a mineral claim with the designation MC 80/6792. (4) the approval of each of the applications mentioned in subsection (1)(b) under and for the purposes of the Mining Act 1904 5 is deemed to be and always to have been valid and effectual according to its tenor, and in each case, on the coming into operation of this Act — (a) such portion or portions of the area the subject of the application as are temporarily reserved under section 276 of the Mining Act 1904 5 shall, by operation of this subsection, cease to be so reserved; (b) a mineral claim with the appropriate designation set out in Schedule 1 is, by operation of this subsection, registered in the name of the Company under and for the purposes of the Mining Act 1904 5 in accordance with the terms on which the application was so approved and subject to the conditions imposed when the application was so approved. (5) Such entries may be made in registers and on documents, and such certificates or other documents may be issued, as may be appropriate to record and evidence the approvals, cessations of reservation and registrations effected by subsection (2), the conditions imposed by subsection (3), and the cessations of reservation and registrations effected by subsection (4). (6) The approval of each of the applications mentioned in subsection (1)(c) under and for the purposes of the Mining Act 1904 5 and the registration in each case of a mineral claim in the name of the Company with the appropriate designation mentioned in subsection (1)(c) are deemed to be and always to have been valid and effectual according to their tenor. (7) The mineral claims registered by operation of subsections (2) and (4) and the mineral claims the registration of which is mentioned in subsection (6) are deemed to be and always to have been valid mineral claims under and for the purposes of the Mining Act 1904 5. (8) The following matters, that is to say — (a) the validity or effect of — (i) an application mentioned in this section; or (ii) an approval or registration effected by, or mentioned in, this section; or (b) the validity of a mineral claim registered by operation of, or mentioned in, this section, shall not be liable to be challenged, appealed against, reviewed, quashed, or called in question by or in any proceedings before a court whether instituted before or after the coming into operation of this Act. 8. Certain entitlements of Company declared and protected (1) Without limiting any other right, title, interest, benefit or entitlement the company may have in or in respect of the subject land or any minerals found thereupon, or the effect of section 7, it is hereby expressly declared — (a) that on and from the coming into operation of this Act the Company has exclusive possession of the subject land for the purposes of the Mining Act 1904 5 and the Mining Act 1978; and (b) that — (i) all diamonds found upon the subject land before the coming into operation of this Act excluding diamonds removed from the subject land before 15 October 1979 by a person other than the Company; and (ii) all diamonds found upon the subject land after the coming into operation of this Act but before the relevant date, shall be the absolute property of the Company, and the entitlement of the Company to such possession and such property shall not be liable to be challenged, appealed against, reviewed, quashed, or called in question by or in any proceedings before a court whether instituted before or after the coming into operation of this Act. (2) Subsection (1) does not — (a) apply to or in relation to the possession after the relevant date of the subject land; or (b) apply on or after the relevant date to or in relation to diamonds found before the relevant date upon the subject land but not removed from that land before that date; or (c) affect any right, title, interest, benefit or entitlement of the Joint Venturers or any of them. (3) In this section relevant date means — (a) the date of the grant of a mining lease of the subject land pursuant to clause 15 of the Agreement; or (b) the termination date, whichever is the earlier. 9. Certain rights etc. of others extinguished etc. (1) Any right, title, interest, benefit or entitlement that is held — (a) immediately before the coming into operation of this Act; and (b) under and for the purposes of the Mining Act 1904 5; and (c) by any person other than — (i) the Company; or (ii) the Joint Venturers or any of them; and (d) in or in respect of the subject land or any portion thereof or in or in respect of any mineral found thereupon, is, by operation of this subsection, extinguished and deemed never to have existed. (2) Any right, title, interest, benefit or entitlement that might, but for this subsection, vest or otherwise be acquired — (a) under and for the purposes of the Mining Act 1904 5 or the Mining Act 1978; and (b) in or by any person other than — (i) the Company; or (ii) the Joint Venturers or any of them; or (iii) a person acting for or on behalf of the Company or the Joint Venturers or any of them; and (c) in or in respect of the subject land or any portion thereof or in or in respect of any mineral found thereupon; and (d) by reason of any act, matter or thing done or commenced before the coming into operation of this Act, or after the coming into operation of this Act but before the relevant date, shall not so vest or be so acquired. (3) In subsection (2) relevant date means the termination date unless the portion of land in question is surrendered to the State under clause 15(5) of the Agreement in which case relevant date means, in relation only to that portion of land, the date on which that surrender takes effect. (4) Any right, title, interest, benefit or entitlement that is held — (a) immediately before the coming into operation of this Act; and (b) under and for the purposes of the Mining Act 1904 5; and (c) by any person other than — (i) the Company; or (ii) the Joint Venturers or any of them; and (d) in or in respect of the temporarily reserved land or any portion thereof or in or in respect of any mineral found thereupon, is, by operation of this subsection, extinguished and deemed never to have existed. (5) Any right, title, interest, benefit or entitlement that might, but for this subsection, vest or otherwise be acquired — (a) under and for the purposes of the Mining Act 1904 5 or the Mining Act 1978; and (b) in or by any person other than — (i) the Company; or (ii) the Joint Venturers or any of them; or (iii) a person acting for or on behalf of the Company or the Joint Venturers or any of them; and (c) in or in respect of the temporarily reserved land or any portion thereof, or in or in respect of or in any mineral found thereupon; and (d) by reason of any act, matter or thing done or commenced before the coming into operation of this Act, or after the coming into operation of this Act but before the relevant date, shall not so vest or be so acquired. (6) In subsection (5) relevant date means — (a) the date of the expiration of a period of 5 years from the coming into operation of this Act; or (b) the termination date, whichever is the earlier. (7) Nothing in subsections (1) to (6), both inclusive, affects any right, title, interest or entitlement of the Crown in right of the State except that a mining tenement shall not be granted to any person under the Mining Act 1904 5 or the Mining Act 1978 in or in respect of any land or mineral if the vesting in that person, or the acquisition otherwise by that person, of any right, title, interest, benefit or entitlement in or in respect of the land or mineral under and for the purposes of either of those Acts is precluded by those subsections. 10. Marking out of certain land, effect of (1) The marking out of any portion of the subject land as a mining tenement for the purposes of the Mining Act 1904 5 — (a) before the coming into operation of this Act; and (b) otherwise than by or on behalf of the Company, shall have no effect and shall be deemed never to have had any effect. (2) The marking out of any portion of the subject land as a mining tenement for the purposes of the Mining Act 1904 5 or the Mining Act 1978 — (a) after the coming into operation of this Act but before the relevant date; and (b) otherwise than by or on behalf of the Company, shall have no effect. (3) In subsection (2) relevant date has the same meaning as it has in section 9(2). (4) The marking out of any portion of the temporarily reserved land as a mining tenement for the purposes of the Mining Act 1904 5 — (a) before the coming into operation of this Act; and (b) otherwise than by or on behalf of the Company, shall have no effect and shall be deemed never to have had any effect. (5) The marking out of any portion of the temporarily reserved land as a mining tenement for the purposes of the Mining Act 1904 5 or the Mining Act 1978 — (a) after the coming into operation of this Act but before the relevant date; and (b) otherwise than by or on behalf of — (i) the Company; or (ii) the Joint Venturers or any of them, shall have no effect. (6) In subsection (5) relevant date has the same meaning as it has in section 9(5). 11. Saving of certain pending applications (1) In this section pending application means an application for the registration of a mining tenement for the purposes of the Mining Act 1904 5 being an application that — (a) relates to a portion of land that is marked out wholly or partly on the temporarily reserved land; and (b) was made by a person other than — (i) the Company; or (ii) the Joint Venturers or any of them, after the creation of the temporary reserve on which the portion of land is marked out but before 9 February 1980; and (c) is pending immediately before the coming into operation of this Act. (2) Nothing in section 9(4), 9(5) or 10(4) prevents — (a) the warden from recommending the approval of a pending application if he is satisfied that the applicant was, at the time of the creation of the temporary reserve on which the portion of land is marked out, carrying out bona fide prospecting operations on that portion of land; or (b) the Minister, in his absolute discretion, from approving a pending application if — (i) the warden has, in accordance with paragraph (a), recommended the approval thereof; and (ii) the Minister is satisfied as to the matter mentioned in paragraph (a); or (c) the registration of a mining tenement that is the subject of a pending application if the Minister has, in accordance with paragraph (b), approved the application, to the extent, and only to the extent, that the portion of land marked out is not within the subject land. 12. Validity of mining lease under Agreement No proceedings shall be taken or maintained in any court to prevent or restrain the grant of a mining lease pursuant to clause 15 of the Agreement and where such a mining lease has been granted — (a) the validity of the mining lease including, without limiting the generality of the foregoing, its validity in respect of any land included therein pursuant to clause 15(6) of the Agreement; and (b) the rights, powers and authorities granted under or by virtue of the mining lease, shall not be liable to be challenged, appealed against, reviewed, quashed, or called into question by or in any proceedings before a court on any ground including, without limiting the generality of the foregoing, the ground — (c) that any land in respect of which the mining lease is granted was not, at the time application was made under clause 15 of the Agreement for the grant of the mining lease, land in respect of which the Company held a mineral claim; or (d) that any land included in the mining lease pursuant to clause 15(6) of the Agreement was not land in respect of which the Company or the Joint Venturers or any of them held mining tenements under the Mining Act 1904 5 or mining leases under the Mining Act 1978. 13. Certain mineral claims and mining tenements continued in force Without limiting or otherwise affecting the application of the Government Agreements Act 1979 to and in relation to the Agreement it is hereby expressly declared — (a) that notwithstanding anything contained in the Mining Act 1904 5 or the Mining Act 1978 the mineral claims mentioned in clauses 16(1) and 19(1) of the Agreement and the mining tenements mentioned in clause 16(3) of the Agreement shall remain in force for the periods respectively provided for in the Agreement; and (b) that except as provided in this Part or in the Agreement the mineral claims and mining tenements referred to in paragraph (a) shall be subject to the Mining Act 1904 5 and shall continue to be subject to that Act after the coming into operation of section 3 of the Mining Act 1978 as though the first‑mentioned Act had not been repealed. Part IV — Security of diamond mining and processing areas 14. Terms used In this Part unless the contrary intention appears — authorised officer means any person acting in the exercise or performance of a power, authority, duty or function conferred or imposed by or under any Act and having a right of entry conferred by or under any Act but does not include a police officer; controlled access point means a place provided and designated in accordance with regulations made under section 29(2)(b) and, where used in relation to an act of a particular kind, means a place so provided and designated for acts of that kind or for acts of that kind and acts of any other kind or kinds; designated area means land that is, or premises that are, for the time being declared to be a designated area pursuant to section 15; medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession; Owners means the Joint Venturers and each of them and any company formed by the Joint Venturers, or any of them, to manage operations conducted pursuant to the Agreement; police officer means a person appointed under Part I of the Police Act 1892 to be a member of the Police Force of Western Australia; premises means any building or structure or part of a building or structure, and includes any area surrounding such building or structure or part of a building or structure; property includes goods or articles of any kind; security officer means a person who is the holder of a security officer's licence under the Security and Related Activities (Control) Act 1996 and is employed by the Owners or any of them; this Part includes the regulations made under this Part; uncut diamond includes any crushed diamond, diamond dust, diamond fragment or partly cut or partly processed diamond; vehicle has the same meaning as it has in and for the purposes of the Road Traffic Act 1974. [Section 14 amended: No. 27 of 1996 s. 96; No. 22 of 2008 Sch. 3 cl. 19; No. 35 of 2010 s. 62.] 15. Designated areas, declaration of (1) Where it appears to the Governor that the mining, treatment, processing, sorting, storage or cutting of diamonds is being, or is proposed to be, carried out — (a) on any land in the State; or (b) on or within any premises in the State, in the course of operations conducted for the purposes of or incidental to the implementation of the Agreement, the Governor may by Order in Council published in the Gazette declare that land or those premises, as the case may be, to be a designated area for the purposes of this Part. (2) An Order in Council published under subsection (1) — (a) declaring land to be a designated area shall define the boundaries of that land; (b) declaring premises to be a designated area shall describe the boundaries or limits of those premises. (3) The Governor may by Order in Council published in the Gazette amend or revoke any previous Order in Council published under this section. (4) An Order in Council published under this section shall take effect on the day of its publication or on such later day as is specified therein. 16. Unauthorised possession of diamonds in designated areas A person who is within a designated area and who, without lawful authority or excuse, the proof of which lies on him, has an uncut diamond — (a) on his person; or (b) in his possession, or under his control, in any vehicle or other property or in any place, commits an offence and is liable to a fine not exceeding $10 000 or to imprisonment for a term not exceeding 2 years. 17. Entering and leaving designated areas (1) A person shall not — (a) enter or leave a designated area; or (b) drive a vehicle into or out of a designated area; or (c) take or consign any property into or out of a designated area, other than by way of a controlled access point. (2) A security officer may — (a) require a person who is entering or leaving a designated area to stop; and (b) require a person driving a vehicle into or out of a designated area to stop the vehicle; and (c) require a person who is taking or consigning property into or out of a designated area to produce the property to a security officer for examination; and (d) direct a person to — (i) enter or leave a designated area; or (ii) drive a vehicle into or out of a designated area; or (iii) take or consign any property into or out of a designated area, by way of a controlled access point specified by the security officer. (3) A person shall not enter, drive a vehicle into, or take or consign any property into a designated area without the permission of a security officer on duty at a controlled access point. (4) A police officer acting in the course of his duty shall not be refused permission to enter a designated area unless he fails to comply with a request made by a security officer at a controlled access point to — (a) produce evidence that he is a police officer; or (b) state the purposes for which he wishes to enter the designated area, to the security officer. (5) An authorised officer shall not be refused permission to enter a designated area unless he fails to comply with a request made by a security officer at a controlled access point to — (a) furnish his name and address; or (b) state and provide evidence of his authority for entering the designated area; or (c) state the purpose for which he wishes to enter the designated area, to the security officer. (6) Subject to subsections (4) and (5) a security officer may refuse permission without giving any reason for that refusal. (7) Without limiting the generality of subsection (6) permission for a person to enter a designated area, other than permission that is required to be granted by subsection (4) or (5), may be withheld by a security officer until the person agrees in writing to abide by such reasonable conditions of entry as the security officer considers necessary for the security of the designated area and of operations, persons and property therein, including, without limiting the generality of the foregoing, a condition that the person will, while within or leaving the designated area, allow a search of himself (other than a search by way of an examination of his body cavities), or a search of any vehicle he is driving or any other property in his possession or under his control, to be carried out by a security officer whenever requested to do so by a security officer. (8) A person who — (a) contravenes subsection (1) or (3); or (b) fails to comply with a requirement imposed pursuant to subsection (2)(a), (2)(b) or (2)(c), commits an offence and is liable to a fine not exceeding $5 000 or to imprisonment for a term not exceeding one year. (9) A person who having been given a direction by a security officer pursuant to subsection (2)(d) — (a) enters or leaves a designated area; or (b) drives a vehicle into or out of a designated area; or (c) takes or consigns any property into or out of a designated area, by way of a controlled access point other than that specified by the security officer commits an offence and is liable to a fine not exceeding $500. (10) In this section permission means permission under and for the purposes of subsection (3). 18. Security officer may direct etc. persons in designated area (1) A security officer may — (a) direct a person entering or within a designated area not to enter or remain within any portion of the designated area specified by the security officer either absolutely or unless he is in the company of security officer; and (b) require a person within a designated area to stop or require a person driving a vehicle within a designated area to stop the vehicle; and (c) require a person within a designated area to furnish his name and address and to state his authority for being within the designated area and the purpose for which he is within the designated area; and (d) give such other direction to, or impose such other requirement on, a person entering or within a designated area, whether that direction or requirement is of a similar kind to those mentioned in paragraphs (a), (b) and (c) or of a different kind, as the security officer considers necessary for the security of the designated area and of operations, persons and property therein. (2) Where — (a) a person within a designated area fails to comply with a direction given or requirement imposed pursuant to subsection (1)(a), (1)(b) or (1)(c) or with any direction given or requirement imposed pursuant to subsection (1)(d) that may lawfully be complied with; or (b) a security officer is not satisfied that a person who has been permitted to enter a designated area has any need to remain therein, a security officer may require the person to leave the designated area forthwith. (3) A person who fails, without lawful authority or excuse, the proof of which lies on him, to comply with a requirement imposed pursuant to subsection (2) commits an offence and is liable to a fine not exceeding $500. 19. Stopping etc. people etc. in or near designated areas Without affecting the liability of any person for an offence against section 17 or 18 a security officer may, using only such force as is reasonably necessary — (a) stop a person who fails to comply with a requirement imposed pursuant to section 17(2)(a) or 18(1)(b) or a vehicle the driver of which fails to comply with a requirement imposed pursuant to section 17(2)(b) or 18(1)(b); and (b) remove from a designated area a person who fails to comply with a requirement imposed pursuant to section 18(2); and (c) remove any vehicle or other property from a designated area; and (d) enter a vehicle for the purpose of removing it pursuant to paragraph (c) or section 20(1)(b). 20. Searching etc. vehicles etc. in designated areas (1) A security officer may search any vehicle or other property in the possession or under the control of a pers