Victorian Consolidated Legislation

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 - SECT 43

Power to demand name, age and address

43. Power to demand name, age and address



(1) A member of the police force who has reasonable cause to suspect that a
person to whom a computer game is being or is about to be demonstrated, sold
or delivered has contravened or is about to contravene a provision of this
Part may demand the person's name, age and address.

(2) A member of the police force who makes a request under subsection (1) must
inform the person of the grounds for his or her suspicion in sufficient detail
to allow the person to understand the nature of the contravention.

(3) Subject to subsection (8), a person must not give false particulars or
fail or refuse to give satisfactory particulars demanded under subsection (1).

Penalty: 5 penalty units.

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

(5) A member of the police force must not, in response to a request under
subsection (4)-

   (a)  refuse or fail to comply with the request; or

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

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





   (d)  refuse to comply with the request in writing if requested to do so.

Penalty: 5 penalty units.

(6) If a member of the police force has reasonable grounds to believe that any
of the particulars given by a person under subsection (1) are false, the
member may require the person to produce within a reasonable time evidence of
the correctness of the particulars given by the person.

(7) A person must not fail or refuse to produce satisfactory evidence of the
correctness of particulars required under subsection (6).

Penalty: 1 penalty unit.

(8) If-

   (a)  a computer game is about to be demonstrated in a public place in
        contravention of this Part; and

   (b)  a demand under subsection (1) is made to a person attending the
        demonstration; and

   (c)  the person immediately leaves the public place after the demand is
        made-

the person is not guilty of an offence against subsection (3).