Offence—fail to comply with direction to give name and address
59 Offence—fail to comply with direction to give name and address
A person commits an offence if the person fails to comply with a direction under section 58.
Maximum penalty: 5 penalty units.
An offence against this section is a strict liability offence.
This section does not apply to a person if the authorised person, before giving the direction, did not—
produce the authorised person’s identity card for inspection by the person; or
tell the person that failure to comply with the direction is an offence.
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.
The defendant has an evidential burden in relation to the matters mentioned in ss (3) and (4) (see Criminal Code, s 58).
This Act’s bill:Explanatory statementSecond reading speech
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