Requirement to provide name etc.
40 Requirement to provide name etc.
A police officer may ask a person to state the person’s name, address or date of birth if—
the officer suspects on reasonable grounds that the person is the subject of a preventative detention order; or
the person has been taken into custody and is being detained under a preventative detention order; or
the officer believes on reasonable grounds that the person may be able to help the police officer in executing a preventative detention order and the officer does not know the person’s name, address or date of birth.
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);
the person must not—
refuse or fail to comply with the request; or
give a name, address or date of birth that is false in a material particular.
Maximum penalty—20 penalty units.
Subsection (2) does not apply if the person has a reasonable excuse.
A police officer who makes a request of a person under subsection (1) must provide the following to the person—
the officer’s name;
the officer’s station;
the officer’s rank.
The police officer must not—
contravene subsection (4); or
in purported compliance with subsection (4), give a name, station, number or rank that is false in a material particular.
Maximum penalty—5 penalty units.
This Act’s bill:Explanatory memorandum
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