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HOUSING ACT 1982 - SECT 28D Power to require name and address and, if relevant, age

HOUSING ACT 1982 - SECT 28D

Power to require name and address and, if relevant, age

    (1)     This section applies if a public housing safety officer reasonably believes a person:

        (a)     has engaged, is engaging or is about to engage in conduct on public housing premises that constitutes a prescribed offence or antisocial behaviour; or

        (b)     may be in a position to help with the investigation of a prescribed offence or antisocial behaviour on, or partially on, public housing premises.

    (2)     The public housing safety officer may require the person to state the person's name and address and, if the officer reasonably believes the person may be under 18 years of age, the person's age.

    (3)     The public housing safety officer may require the person to give evidence of the correctness of the person's name if the officer reasonably believes a name given by the person is false.

    (4)     In making a requirement under subsection (2) or (3), the public housing safety officer must inform the person it is an offence to contravene the requirement unless the person establishes a reasonable excuse.

    (5)     A person given a requirement under subsection (2) or (3) must comply with it.

Maximum penalty:     20 penalty units.

    (6)     An offence against subsection (5) is an offence of strict liability.

    (7)     It is a defence to a prosecution for an offence against subsection (5) if the defendant establishes a reasonable excuse.