Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 203HA

Request to provide name or address etc.

             (1)  If:

                     (a)  a search warrant or seizure warrant in relation to premises is being executed; and

                     (b)  the designated warrant officer believes on reasonable grounds that a person who is at or near the premises may be able to assist the officer in the execution of the warrant;

the officer may request the person to provide his or her name or address, or name and address, to the officer.

Offence--person's refusal or failure to comply with request etc.

             (2)  A person commits an offence if:

                     (a)  a designated warrant officer:

                              (i)  has made a request of the person under subsection (1); and

                             (ii)  has informed the person of the reason for the request; and

                            (iii)  has complied with any request that the person has made under paragraph (4)(b); and

                     (b)  the person refuses or fails to comply with the request, or gives a name or address that is false in a material particular.

Penalty:  5 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) of the Criminal Code ).

Offence--designated warrant officer's refusal or failure to comply with request etc.

             (4)  A designated warrant officer commits an offence if:

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

                     (b)  the person requests the officer to provide to the person:

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

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

                            (iii)  if the officer is not in uniform and it is practicable for the officer to provide the evidence--evidence that he or she is an officer; and

                     (c)  the officer refuses or fails to comply with the request, or gives a name or address that is false in a material particular.

Penalty:  5 penalty units.

Definition

             (5)  In this section:

"designated warrant officer" , in relation to a search warrant or seizure warrant, means:

                     (a)  the executing officer; or

                     (b)  a person who is an authorised person and who is assisting in the execution of the warrant.