Criminal Code Act 1995

If a police officer believes on reasonable grounds that a person whose name or address is, or whose name and address are, unknown to the police officer may be able to assist the police officer in executing a preventative detention order, the police officer may request the person to provide his or her name or address, or name and address, to the police officer.

If a police officer:

makes a request of a person under subsection (1); and

informs the person of the reason for the request; and

if the police officer is not in uniform—shows the person evidence that the police officer is a police officer; and

complies with subsection (4) if the person makes a request under that subsection;

refuse or fail to comply with the request; or

give a name or address that is false in a material particular.

Subsection (2) does not apply if the person has a reasonable excuse.

A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3)).

If a police officer who makes a request of a person under subsection (1) is requested by the person to provide to the person any of the following:

his or her name;

the address of his or her place of duty;

his or her identification number if he or she has an identification number;

his or her rank if he or she does not have an identification number;

refuse or fail to comply with the request; or

give a name, address, number or rank that is false in a material particular.