AUSTRALIAN FEDERAL POLICE ACT 1979 - SECT 14I Requirement to provide name etc.

AUSTRALIAN FEDERAL POLICE ACT 1979 - SECT 14I

  (1)   If:

  (a)   a designated person suspects on reasonable grounds that a person (the suspect ) might have just committed, might be committing, or might be about to commit, a protective service offence; and

  (b)   the suspect is in a place, or in the vicinity of a place, person or thing, in respect of which the Australian Federal Police is performing protective service functions;

the designated person may request the suspect to provide to the designated person:

  (c)   the suspect's name; and

  (d)   the suspect's residential address; and

  (e)   the suspect's reason for being in the place, or in the vicinity of the place, person or thing, in respect of which the Australian Federal Police is performing protective service functions; and

  (f)   evidence of the suspect's identity.

  (2)   If a designated person:

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

  (b)   informs the suspect of the designated person's authority to make the request; and

  (c)   informs the suspect that it may be an offence not to comply with the request;

the suspect must not:

  (d)   fail to comply with the request; or

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

Penalty:   20 penalty units.

Note:   A more serious offence of obstructing a Commonwealth public official may also apply (see section   149.1 of the Criminal Code ).

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

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (3) (see subsection   13.3(3) of the Criminal Code ).