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s 74A

Power to require statement of name and other personal details

In force
Part 15Police powers of entry, search etc

74A Power to require statement of name and other personal details

(1)

Where a police officer has reasonable cause to suspect—

(a)

that a person has committed, is committing, or is about to commit, an offence; or

(b)

that a person may be able to assist in the investigation of an offence or a suspected offence, the officer may require that person to state all or any of the person's personal details.

(2)

Where a police officer has reasonable cause to suspect that a personal detail as stated in response to a requirement under subsection (1) is false, the officer may require the person making the statement to produce evidence of the correctness of the personal detail as stated.

(3)

A person who—

(a)

refuses or fails, without reasonable excuse, to comply with a requirement under subsection (1) or (2); or

(b)

in response to a requirement under subsection (1) or (2)—

(i)

states a personal detail that is false; or

(ii)

produces false evidence of a personal detail, is guilty of an offence.

Maximum penalty: $1 250 or imprisonment for 3 months.

(4)

A police officer who has required a person to state all or any of the person's personal details under this section is required to comply with a request to identify himself or herself, by—

(a)

producing his or her police identification; or

(b)

stating orally or in writing his or her surname, rank and identification number.

(5)

In this section—

personal details, in relation to a person, means—

(a)

the person's full name; and

(b)

the person's date of birth; and

(c)

the address of where the person is living; and

(d)

the address of where the person usually lives; and

(e)

the person's business address; and

(f)

if the police officer has reasonable cause to suspect that a person has committed, is committing, or is about to commit a sexual offence involving a child or children—the name and address of any place where that person works (whether as an employee, an independent contractor, a volunteer or in any other capacity).

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