A statutory power to direct production of evidence of concession entitlement on public transport carries with it an implied power to briefly detain the person while the verification is undertaken. The word 'evidence' in cl 77C(2) of the Passenger Transport Regulation 2007 (NSW) is not limited to the examples given in parentheses and extends to photo identification. Whether a person is detained is assessed objectively by reference to what a reasonable person in the complainant's circumstances would have inferred from the officer's conduct. The question whether detention by a police officer exercising statutory powers constitutes an act done 'with intent to cause injury' under s 3B(1)(a) of the Civil Liability Act 2002 (NSW) was left open.
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