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s 59

Offence—fail to comply with direction to give name and address

In force
Part 7Enforcement
Division 7.2Authorised people
Subdivision 7.2.2Powers

59 Offence—fail to comply with direction to give name and address

(1)

A person commits an offence if the person fails to comply with a direction under section 58.

Maximum penalty: 5 penalty units.

(2)

An offence against this section is a strict liability offence.

(3)

This section does not apply to a person if the authorised person, before giving the direction, did not—

(a)

produce the authorised person’s identity card for inspection by the person; or

(b)

tell the person that failure to comply with the direction is an offence.

(4)

Also, for a direction under section 58 (3), this section does not apply if the person produces evidence of the correctness of the detail not more than 3 days after the day the direction was made.

Note The defendant has an evidential burden in relation to the matters mentioned in ss (3) and (4) (see Criminal Code, s 58).

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