CRIMES ACT 1914

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

Division 4 - Arrest and related matters  

SECTION 3V   Requirement to furnish name etc.  

(1)  
If a constable believes on reasonable grounds that a person whose name or address is, or whose name and address are, unknown to the constable may be able to assist the constable in inquiries in relation to an indictable offence that the constable has reason to believe has been or may have been committed, the constable may request the person to provide his or her name or address, or name and address, to the constable.

(2)  


If a constable:


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


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


(c) complies with subsection (3) if the person makes a request under that subsection;

the person must not:


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


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

(2A)  


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 (2A) (see subsection 13.3(3) of the Criminal Code ).

(3)  
If a constable who makes a request of a person under subsection (1) is requested by the person to provide to the person:


(a) his or her name or the address of his or her place of duty; or


(b) his or her name and that address; or


(c) if he or she is not in uniform and it is practicable for the constable to provide the evidence-evidence that he or she is a constable;

the constable must not:


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


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

Penalty: 5 penalty units.


 

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