Power to require a person’s name and address
127 Power to require a person’s name and address
This section applies if an authorised person—
finds a person committing an infringement notice offence; or
finds a person in circumstances that lead the authorised person to suspect, on reasonable grounds, that the person has just committed an infringement notice offence; or
has information that leads the authorised person to suspect, on reasonable grounds, that a person has just committed an infringement notice offence.
An infringement notice offence is an offence prescribed under the State Penalties Enforcement Act 1999 to be an infringement notice offence.
The authorised person may require the person to state the person’s name and address.
If the authorised person does so, the authorised person must also warn the person that it is an offence to fail to state the person’s name and address, unless the person has a reasonable excuse.
The authorised person may require the person to give evidence of the person’s name or address if the authorised person suspects, on reasonable grounds, that the person has given a false name or address.
The person must comply with an authorised person’s requirement under subsection (3) or (5), unless the person has a reasonable excuse.
Maximum penalty—35 penalty units.
However, the person does not commit an offence under subsection (6), if the person is not proved to have committed the infringement notice offence.
This Act’s bill:Explanatory memorandumSecond reading speech
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