FORESTS ACT 1958 - SECT 95A Requirement to give name and address
FORESTS ACT 1958 - SECT 95A
Requirement to give name and address(1) If an authorised officer believes on reasonable grounds that a person has committed or is committing an offence against this Act or the regulations, the officer may ask the person to state his or her name and ordinary place of residence or business.
(2) In making a request under subsection (1), the authorised officer must inform the person of the grounds for the authorised officer's belief that the person has committed or is committing the offence.
(3) A person must not, in response to a request under subsection (1)—
(a) refuse or fail to comply with the request without a reasonable excuse for doing so; or
(b) state a name that is false in a material detail; or
(c) state an address that is not the full and correct address of his or her ordinary place of residence or business.
Penalty: 5 penalty units.
(4) If a person states a name and address in response to a request under subsection (1) and the authorised officer suspects on reasonable grounds that the stated name and address may be false, the officer may request the person to produce evidence of the correctness of the name and address.
(5) A person to whom a request under subsection (4) is made must comply with the request, unless he or she has a reasonable excuse for not doing so.
Penalty: 5 penalty units.
(6) It is not an offence for a person to fail to comply with a request under subsection (1) or (4)—
(a) if the authorised officer did not inform the person, at the time the request was made, that it is an offence to fail to comply with the request; or
(b) if the authorised officer did not identify himself or herself in accordance with section 95B before making the request.
S. 95B inserted by No. 48/2004 s. 122.