Requirement to give name and address
106H Requirement to give name and address
S. 106H(1) amended by No. 37/2014 s. 10(Sch. item 96.7(a)).
A police officer who intends to serve a barring order on a person may request the person to state the person's name and address.
S. 106H(2) amended by No. 37/2014 s. 10(Sch. item 96.7(b)).
A police officer who makes a request under subsection (1) must inform the person of the police officer's intention to serve a barring order on the person.
S. 106H(3) amended by No. 37/2014 s. 10(Sch. item 96.7(c)).
A person must not, in response to a request made by a police officer in accordance with this section—
refuse or fail to comply with the request without a reasonable excuse for not doing so; or
state a name or address that is false in a material particular.
Penalty: 5 penalty units.
S. 106H(4) amended by No. 37/2014 s. 10(Sch. item 96.7(d)).
A person who is requested to state his or her name or address may request the police officer who made the request to state, orally or in writing, the police officer's name, rank and place of duty.
S. 106H(5) amended by No. 37/2014 s. 10(Sch. item 96.7(e)(i)).
A police officer must not, in response to a request under subsection (4)—
refuse or fail to comply with the request, including refusing or failing to answer the request in writing if specifically requested to do so; or
state a name or rank that is false in a material particular; or
S. 106H(5)(c) amended by No. 37/2014 s. 10(Sch. item 96.7(e)(ii)).
state as his or her place of duty an address other than the name of the police station which is the police officer's ordinary place of duty.
Penalty: 5 penalty units.
S. 106H(6) amended by No. 37/2014 s. 10(Sch. item 96.7(f)).
If a person states a name or address in response to a request made under subsection (1) and the police officer who made the request suspects on reasonable grounds that the stated name or address may be false, the police officer may request the person to produce evidence of the correctness of the name or address.
A person must comply with a request under subsection (6), unless he or she has a reasonable excuse for not doing so.
Penalty: 5 penalty units.
S. 106H(8) amended by No. 37/2014 s. 10(Sch. item 96.7(f)).
It is not an offence for a person to fail to comply with a request made under subsection (1) or (6) if the police officer who made the request did not inform the person, at the time the request was made, that it is an offence to fail to comply with the request.
S. 106I inserted by No. 12/2011 s. 4.
This Act’s bill:Second reading speech
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