Power to request name and address for purpose of executing warrant
29 Power to request name and address for purpose of executing warrant
This section applies if the sheriff believes on reasonable grounds that a person may be the person named or described in a warrant to be executed by the sheriff.
The sheriff may request the person to state his or her name and ordinary place of residence or business.
In making the request under subsection (2), the sheriff must inform the person of the grounds for his or her belief in relation to the person's identity.
A person, in response to a request under subsection (2), must not—
without a reasonable excuse, refuse or fail to comply with the request; 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.
A person who is requested under subsection (2) to state his or her name and address may request the sheriff to state, orally or in writing, his or her name, position and place of business.
Note
The sheriff may delegate his or her duty under subsection (5) to a sheriff's officer: see section 9(1).
The sheriff, in response to a request under subsection (5), must not—
without a reasonable excuse, refuse or fail to comply with the request; or
state a name or position 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 business.
- 5 penalty units.
If a person states a name and address in response to a request made under subsection (2) and the sheriff suspects on reasonable grounds that the stated name or address may be false, the sheriff may request the person to produce evidence of his or her name and address.
A person must not, without reasonable excuse, refuse or fail to comply with a request under subsection (7).
- 5 penalty units.
It is not an offence for a person to fail to comply with a request made under subsection (2) or (7) if the sheriff did not inform the person, at the time the request was made, that it is an offence to refuse or fail to comply with the request.
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