Requirement to give name and address
148D Requirement to give name and address
S. 148D(1) amended by Nos 57/2010 s. 24, 37/2014 s. 10(Sch. item 96.22(a)).
A police officer who intends to give a banning notice to a person may request the person to state the person's name and address.
S. 148D(2) amended by Nos 57/2010 s. 24, 37/2014 s. 10(Sch. item 96.22(b)).
A police officer who makes a request under subsection (1) must inform the person of the police officer's intention to give the person a banning order.
S. 148D(3) amended by Nos 57/2010 s. 24, 37/2014 s. 10(Sch. item 96.22(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 that is false in a material particular; or
state an address other than the full and correct address of his or her ordinary place of residence or business.
- 5 penalty units.
S. 148D(4) amended by No. 37/2014 s. 10(Sch. item 96.22(d)).
A person who is requested to state his or her name and 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. 148D(5) amended by Nos 57/2010 s. 24, 37/2014 s. 10(Sch. item 96.22(e)(i)).
A police officer must not, in response to a request under subsection (4)—
refuse or fail to comply with the request; or
state a name or rank that is false in a material particular; or
S. 148D(5)(c) amended by No. 37/2014 s. 10(Sch. item 96.22(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; or
refuse to comply with the request in writing if requested to do so.
- 5 penalty units.
S. 148D(6) amended by No. 37/2014 s. 10(Sch. item 96.22(f)).
If a person states a name and 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 and address.
The person must comply with the request, unless he or she has a reasonable excuse for not doing so.
- 5 penalty units.
S. 148D(8) amended by No. 37/2014 s. 10(Sch. item 96.22(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. 148E inserted by No. 73/2007 s. 5.
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