Identification of person to assist with inquiries
134 Identification of person to assist with inquiries
This section applies in relation to a person if a member believes on reasonable grounds that the person may be able to assist the member in the member's inquiries in connection with an offence that has been, may have been or may be committed.
If the person's name or address is unknown to the member, the member may require the person to do either or both of the following:
state the person's name and the address of the person's usual place of residence or work;
produce evidence of the person's identity.
When giving a requirement under subsection (2), the member must warn the person that it is an offence to contravene the requirement unless the person has a reasonable excuse.
A person commits an offence if the person contravenes a requirement given under subsection (2).
Maximum penalty: 4 penalty units.
An offence against subsection (4) is an offence of strict liability.
It is a defence to a prosecution for an offence against subsection (4) if the defendant has a reasonable excuse.
Subsection (4) does not apply to a person who has been given a requirement under subsection (2) if the member who gave the requirement did not, at the time the requirement was given, warn the person in accordance with subsection (3).
A person commits an offence if:
the person gives a member information or produces evidence required under subsection (2); and
the information or evidence is false or misleading in a material particular.
Maximum penalty: 4 penalty units.
An offence against subsection (8) is an offence of strict liability.
This Act’s bill:Second reading speech
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