STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 114
Power of person serving fine collection notice or enforcing warrant to demand name and address etc.
STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 114
Power of person serving fine collection notice or enforcing warrant to demand name and address etc.
114 Power of person serving fine collection notice or enforcing warrant to
demand name and address etc.
(1) An enforcement officer serving a fine collection notice or enforcing a
warrant under this Act may require a person the enforcement officer reasonably
suspects to be the person named in the notice or warrant to provide any of the
following information that is relevant to the notice or warrant or the
exercise of powers under this Act because of the notice or warrant—
(a) the
person’s full name and address;
(b) the person’s employment details;
(c)
the person’s bank account details;
(d) the person’s driver licence
number;
(e) who owns specified property;
(f) the person’s pension details;
(g) the person’s income and expenditure;
(h) the person’s date of birth.
(2) Also, an enforcement officer may require the person to provide evidence to
the officer of the correctness of the information if, in the circumstances, it
would be reasonable to expect the person to be in possession of evidence of
the correctness of the information or to otherwise be able to give the
evidence.
(3) When making a requirement under subsection (1) , the
enforcement officer must warn the person that, unless the person has a
reasonable excuse, it is an offence not to provide the information required.
(4) When making a requirement under subsection (2) , the enforcement officer
must warn the person that, unless the person has a reasonable excuse, it is an
offence to fail to provide evidence of the correctness of information provided
by the person.
(5) An enforcement officer who is enforcing an immobilisation
warrant may require a person the enforcement officer reasonably suspects to be
the person named in the warrant to answer a question relevant to the warrant
or the exercise of powers under this Act because of the warrant.
Example of a
question under this subsection—
a question to establish a vehicle’s
location
(6) When making a requirement under subsection (5) , the
enforcement officer must warn the person that, unless the person has a
reasonable excuse, it is an offence not to provide the answer required.
(7) A
person must comply with a requirement under subsection (1) , (2) or (5) ,
unless the person has a reasonable excuse.
Penalty—
Maximum
penalty—10 penalty units.
(8) A person does not commit an offence against
subsection (7) if the person given the requirement is not proved to be the
person named in the notice or warrant.
(9) Before exercising a power under
subsection (1) or (5) in relation to a person, the enforcement officer must
show the person the identity card given to the enforcement officer under
section 159G(1) .
