BIODIVERSITY CONSERVATION ACT 2016 - SECT 12.21
Power of authorised officers to demand name and address
BIODIVERSITY CONSERVATION ACT 2016 - SECT 12.21
Power of authorised officers to demand name and address
12.21 Power of authorised officers to demand name and address
(1) Name and
address to be given if offence suspected An authorised officer may require a
person whom the authorised officer suspects on reasonable grounds to have
committed an offence against this Act or the regulations or a
native vegetation offence to state his or her full name and residential
address.
(2) Proof of name and address An authorised officer may request a
person who is required under this section to state his or her full name and
residential address to provide proof of the name and address. It is not an
offence to fail to comply with any such request.
(3) Power of arrest A person
who, being required to do so under this section--
(a) refuses to state his or
her name or residential address, or
(b) states a name or residential address
that in the opinion of the authorised officer is false,
may without any other
warrant than this Act be apprehended by the authorised officer and taken
before a Magistrate or court officer to be dealt with according to law.
(4)
Bail A Magistrate or court officer before whom a person is so taken may make a
bail decision under the Bail Act 2013 in respect of the person.
(5) If the
person has not been charged with an offence, the Bail Act 2013applies as if
the person were accused of an offence.
(6) For the purpose of applying the
Bail Act 2013 , a court officer has the same functions as an authorised
justice under that Act.
