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SUMMARY OFFENCES ACT 1953 - SECT 74A

SUMMARY OFFENCES ACT 1953 - SECT 74A

74A—Power to require statement of name and other personal details

        (1)         Where a police officer has reasonable cause to suspect—

            (a)         that a person has committed, is committing, or is about to commit, an offence; or

            (b)         that a person may be able to assist in the investigation of an offence or a suspected offence,

the officer may require that person to state all or any of the person's personal details.

        (2)         Where a police officer has reasonable cause to suspect that a personal detail as stated in response to a requirement under subsection (1) is false, the officer may require the person making the statement to produce evidence of the correctness of the personal detail as stated.

        (3)         A person who—

            (a)         refuses or fails, without reasonable excuse, to comply with a requirement under subsection (1) or (2); or

            (b)         in response to a requirement under subsection (1) or (2)—

                  (i)         states a personal detail that is false; or

                  (ii)         produces false evidence of a personal detail,

is guilty of an offence.

Maximum penalty: $1 250 or imprisonment for 3 months.

        (4)         A police officer who has required a person to state all or any of the person's personal details under this section is required to comply with a request to identify himself or herself, by—

            (a)         producing his or her police identification; or

            (b)         stating orally or in writing his or her surname, rank and identification number.

        (5)         In this section—

"personal details", in relation to a person, means—

            (a)         the person's full name; and

            (b)         the person's date of birth; and

            (c)         the address of where the person is living; and

            (d)         the address of where the person usually lives; and

            (e)         the person's business address; and

            (f)         if the police officer has reasonable cause to suspect that a person has committed, is committing, or is about to commit a sexual offence involving a child or children—the name and address of any place where that person works (whether as an employee, an independent contractor, a volunteer or in any other capacity).