CRIMES ACT 1914

Part IAA - Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)  

Division 3B - Powers to require identity information at airports  

SECTION 3UM   Identity information at airports - requirements  

Scope of section

(1)  
A constable may make a request under this section of a person (a suspect ) if:


(a) the request is made at a constitutional airport; and


(b) the constable reasonably suspects that the suspect has committed, is committing or intends to commit an offence against a law of the Commonwealth, or a law of a State or Territory, punishable by imprisonment for 12 months or more.

(2)  
A constable may also make a request under this section of a person (a suspect ) if:


(a) the request is made at an airport other than a constitutional airport; and


(b) the constable reasonably suspects that the suspect has committed, is committing or intends to commit an offence against a law of the Commonwealth punishable by imprisonment for 12 months or more. Evidence of identity

(3)  
The constable may request the suspect to give the constable evidence of the suspect ' s identity by:


(a) producing a government photographic identity document issued in relation to the suspect, if held by the suspect; and


(b) if the suspect does not produce a government photographic identity document as requested under paragraph (a) - producing another identity document in relation to the suspect, if held by the suspect; and


(c) if the suspect does not produce an identity document as requested under paragraph (a) or (b) - giving the constable the suspect ' s name and address. Constable ' s duties

(4)  
The constable must, before making a request under subsection (3):


(a) if the constable is not in uniform:


(i) show the suspect evidence that the constable is a constable; and

(ii) if the suspect requests - comply with subsection (5); and


(b) in any case - inform the suspect that it may be an offence not to comply with the request, or to give the constable a false or misleading document, or false or misleading information, in response to the request.

(5)  
If the constable is not in uniform, the constable must give the suspect any of the following information if requested by the suspect:


(a) the constable ' s name;


(b) the address of the constable ' s place of duty;


(c) the constable ' s identification number (if any);


(d) if the constable has no identification number - the constable ' s rank.




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