LOCAL GOVERNMENT ACT 1993 - SECT 680 Demanding name of offender

LOCAL GOVERNMENT ACT 1993 - SECT 680

680 Demanding name of offender

(1) An authorised person who finds a person whom the authorised person reasonably suspects of committing an offence under this Act in a public place, or an offence in respect of which the authorised person may issue a penalty notice under section 224 of the Protection of the Environment Operations Act 1997 , may--

(a) demand from the person his or her name and residential address, and

(b) report the offence and the name and residential address of the person to the council as soon as practicable.

(2) The provisions of subsection (1)(b) do not apply to any police officer in respect of an offence under section 650 (use of council's free parking areas).

(3) A person who on demand made as referred to in this section--

(a) refuses to state his or her name or residential address, or

(b) states a name or residential address which in the opinion of the authorised person is false,

may without any other warrant than this Act be apprehended by the authorised person and taken before a Magistrate or authorised officer to be dealt with according to law.

(4) A Magistrate or authorised officer before whom a person is taken under subsection (3) may make a bail decision under the Bail Act 2013 in respect of the person.

(4A) If the person has not been charged with an offence, the Bail Act 2013 applies to the person as if the person were accused of an offence.

(5) A person who on demand made as referred to in this section--

(a) refuses to state his or her name or residential address, or

(b) states a false name or residential address,

is guilty of an offence.

: Maximum penalty--5 penalty units.

(6) For the purpose of applying the Bail Act 2013 , an authorised officer has the same functions as an authorised justice under that Act.

(7) In this section--


"authorised officer" means an authorised officer under the Criminal Procedure Act 1986 .