New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 204

204 Power of authorised officers to demand name and address

(1) Name and address to be given if offence suspected An authorised officer may require a person whom the authorised officer suspects on reasonable grounds to have offended or to be offending against this Act or the regulations to state his or her full name and residential address.

(2) Name and address to be given in connection with noise If an authorised officer forms the opinion on reasonable grounds that a noise control notice or a noise abatement direction may be issued under Part 8.6 against a person, the authorised officer may require the person to state the person's full name and residential address.

(2A) Proof of name and address An authorised officer may request a person who is required under this section to state his or her full name and residential address to provide proof of the name and address. It is not an offence under section 211 to fail to comply with any such request.

(3) Power of arrest A person who, being required to do so under this section--

(a) refuses to state his or her name or residential address, or

(b) states a name or residential address that in the opinion of the authorised officer is false,

may without any other warrant than this Act be apprehended by the authorised officer and taken before a Magistrate or court officer to be dealt with according to law.

(4) Bail A Magistrate or court officer before whom a person is taken under subsection (3) may make a bail decision under the Bail Act 2013 in respect of the person.

(4A) If the person has not been charged with an offence, the Bail Act 2013 applies as if the person were accused of an offence.

(4B) For the purpose of applying the Bail Act 2013 , a court officer has the same functions as an authorised justice under that Act.

(5) Maximum penalty The maximum penalty for an offence under section 211 in connection with a requirement under this section is 100 penalty units despite anything to the contrary in that section.

(6) In this section--

"court officer" means an authorised officer under the Criminal Procedure Act 1986 .