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CRIMINAL INVESTIGATION (IDENTIFYING PEOPLE) ACT 2002 - SECT 16

CRIMINAL INVESTIGATION (IDENTIFYING PEOPLE) ACT 2002 - SECT 16

16 .         Name, address etc., duty to give to police etc.

        (1)         In this section —

        face covering means an item of clothing, hat, helmet, mask or sunglasses, or any other thing worn by a person, that totally or partially covers the person’s face;

        personal details , in relation to a person, means —

            (a)         the person’s full name;

            (b)         the person’s date of birth;

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

            (d)         the address of where the person usually lives.

        (2)         If an officer reasonably suspects that a person whose personal details are unknown to the officer —

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

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

                the officer may request the person to give the officer any or all of the person’s personal details.

        (3)         If an officer reasonably suspects that a personal detail given by a person in response to a request is false, the officer may request the person to produce evidence of the correctness of the detail.

        (4A)         If —

            (a)         an officer makes a request to a person under subsection (2); or

            (b)         a police officer requests or requires a person to give the police officer, under another written law and for a forensic purpose, any or all of the person’s personal details,

                the officer may request the person —

            (c)         to remove or adjust any face covering worn by the person; or

            (d)         to do any other thing reasonably necessary,

                to enable the officer to see the person’s face or verify the correctness of any personal detail, or any evidence of any personal detail, given by the person.

        (4B)         It is sufficient compliance with a request made under subsection (4A)(c) if only so much of the person’s face covering that totally or partially covers the person’s face is removed or adjusted.

        (4C)         If an officer makes a request to a person under this section, the officer may detain the person for a reasonable period for the purpose of the person’s compliance with the request or to verify the correctness of any personal detail, or any evidence of any personal detail, given by the person.

        (4)         A person to whom a request is made under subsection (2), (3) or (4A) may request the officer making the request to identify himself or herself.

        (5)         An officer who is requested by a person to identify himself or herself must do so.

        (6)         A person who, without reasonable excuse, does not comply with a request made under subsection (2), (3) or (4A) commits an offence.

        Penalty: Imprisonment for 12 months.

        (7)         For the purposes of subsection (6), the fact that an officer did not comply with subsection (5) as soon as practicable is a reasonable excuse.

        (8)         A person who, in response to a request made under subsection (2), gives any false personal details commits an offence.

        Penalty: Imprisonment for 12 months.

        (9)         A person who, in response to a request made under subsection (3), produces any false evidence commits an offence.

        Penalty: Imprisonment for 12 months.

        [Section 16 amended: No. 22 of 2013 s. 10.]