Queensland Consolidated Acts

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DRUGS MISUSE ACT 1986 - SECT 43O

43O Power to require name and address

(1) An environmental health officer may require a person to state the person's name and address if the environmental health officer--

(a) finds the person committing an offence against this part; or
(b) finds the person in circumstances that lead, or has information that leads, the environmental health officer to suspect, on reasonable grounds, the person--
(i) has committed an offence against section 43G; or
(ii) has just committed an offence against another provision of this part; or
(c) finds the person on business premises entered by the environmental health officer under section 43I and, after exercising a power under section 43I(2)(b) or (c) on the premises, suspects on reasonable grounds the person has committed an offence against either or both of the following provisions--
• section 43D
• section 43F(3).

(2) When making the requirement, the environmental health officer must warn the person it is an offence to fail to state the person's name and address, unless the person has a reasonable excuse.

(3) The environmental health officer may require the person to give evidence of the correctness of the person's stated name or address if the officer suspects, on reasonable grounds, the stated name or address is false.

(4) A person must comply with a requirement under subsection (1) or (3), unless the person has a reasonable excuse for not complying with it.

Maximum penalty--20 penalty units.

(5) The person does not commit an offence against this section if--

(a) the environmental health officer required the person to state the person's name and address on suspicion of the person having committed an offence against this part; and
(b) the person is not proved to have committed the offence.


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