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 3UN   Identity information at airports - offences relating to section 3UM  

Offence by suspect

(1)  
A person commits an offence if:


(a) a constable makes a request of the person under subsection 3UM(3) ; and


(b) the person fails to comply with the request; and


(c) the constable complies with subsection 3UM(4) .

Penalty: 20 penalty units.

Note:

The following more serious offences may also apply:

  • (a) giving false or misleading information (see section 137.1 of the Criminal Code );
  • (b) producing a false or misleading document (see section 137.2 of the Criminal Code );
  • (c) obstructing a Commonwealth public official (see section 149.1 of the Criminal Code ).
  • (2)  
    Strict liability applies to paragraphs (1)(a) and (c).

    Note:

    For strict liability, see section 6.1 of the Criminal Code .

    Offence by constable

    (3)  
    A person commits an offence if:


    (a) the person is subject to a requirement under subsection 3UM(4) ; and


    (b) the person engages in conduct; and


    (c) the conduct breaches the requirement.

    Penalty: 5 penalty units.

    (4)  
    In this section:

    engage in conduct
    means:


    (a) do an act; or


    (b) omit to perform an act.




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