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CRIMES ACT 1958 - SECT 456AA Requirement to give name and address

CRIMES ACT 1958 - SECT 456AA

Requirement to give name and address

S. 456AA(1) amended by Nos 37/2014 s. 10(Sch. item 36.12(a)), 45/2017 s. 15(1).

    (1)     A police officer or a protective services officer on duty at a designated place may request a person to state his or her name and address if the police officer or the protective services officer believes on reasonable grounds that the person—

        (a)     has committed or is about to commit an offence, whether indictable or summary; or

        (b)     may be able to assist in the investigation of an indictable offence which has been committed or is suspected of having been committed.

S. 456AA(2) amended by Nos 37/2014 s. 10(Sch. item 36.12(b)), 45/2017 s. 15(2).

    (2)     A police officer or a protective services officer who makes a request under subsection (1) must inform the person of the grounds for his or her belief in sufficient detail to allow the person to understand the nature of the offence or suspected offence.

S. 456AA(3) amended by Nos 69/1997

s. 22(13), 37/2014 s. 10(Sch. item 36.12(b)), 45/2017 s. 15(3).

    (3)     A person who, in response to a request made by a police officer or a protective services officer in accordance with this section—

        (a)     refuses or fails to comply with the request; or

        (b)     states a name that is false in a material particular; or

        (c)     states an address other than the full and correct address of his or her ordinary place of residence or business—

is guilty of a summary offence punishable on conviction by a level 11 fine (5 penalty units maximum).

S. 456AA(4) amended by Nos 37/2014 s. 10(Sch. item 36.12(c)), 45/2017 s. 15(4).

    (4)     A person who is requested by a police officer or a protective services officer under subsection (1) to state his or her name and address may request the officer to state, orally or in writing, his or her name, rank and place of duty.

S. 456AA(5) amended by Nos 69/1997

s. 22(13), 37/2014 s. 10(Sch. item 36.12(d)(i)), 45/2017 s. 15(5).

    (5)     A police officer or a protective services officer who, in response to a request under subsection (4)—

        (a)     refuses or fails to comply with the request; or

        (b)     states a name or rank that is false in a material particular; or

S. 456AA(5)(c) amended by Nos 37/2014 s. 10(Sch. item 36.12(d)(ii)), 45/2017 s. 15(6).

        (c)     states as his or her place of duty an address other than the name of the police station which is the police officer's or the protective services officer's ordinary place of duty; or

        (d)     refuses to comply with the request in writing if requested to do so—

is guilty of a summary offence punishable on conviction by a level 11 fine (5 penalty units maximum).

S. 456AA(6) inserted by No. 45/2017 s. 15(7).

    (6)     A protective services officer may only exercise the power under this section in relation to a person who is at, or in the vicinity of, a designated place.

S. 456AA(7) inserted by No. 45/2017 s. 15(7).

    (7)     In this section—

"designated place" has the same meaning as in the Victoria Police Act 2013 .

Pt 3 Div. 1 Subdiv. (29B) (Heading and ss 456A–456F) inserted by No. 120/1993 s. 79, repealed by No. 30/1997 s. 6.

    *     *     *     *     *

(30) Apprehension of offenders

S. 457 substituted by No. 8247 s. 2.