Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 105 - Preventative detention orders  

Subdivision C - Carrying out preventative detention orders  

SECTION 105.21   Requirement to provide name etc.  

(1)  
If a police officer believes on reasonable grounds that a person whose name or address is, or whose name and address are, unknown to the police officer may be able to assist the police officer in executing a preventative detention order, the police officer may request the person to provide his or her name or address, or name and address, to the police officer.

(2)  
If a police officer:


(a) makes a request of a person under subsection (1); and


(b) informs the person of the reason for the request; and


(c) if the police officer is not in uniform - shows the person evidence that the police officer is a police officer; and


(d) complies with subsection (4) if the person makes a request under that subsection;

the person must not:


(e) refuse or fail to comply with the request; or


(f) give a name or address that is false in a material particular.

Penalty: 20 penalty units.

(3)  
Subsection (2) does not apply if the person has a reasonable excuse.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) ).

(4)  
If a police officer who makes a request of a person under subsection (1) is requested by the person to provide to the person any of the following:


(a) his or her name;


(b) the address of his or her place of duty;


(c) his or her identification number if he or she has an identification number;


(d) his or her rank if he or she does not have an identification number;

the police officer must not:


(e) refuse or fail to comply with the request; or


(f) give a name, address, number or rank that is false in a material particular.

Penalty: 5 penalty units.




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