Northern Territory Numbered Acts

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POLICE LEGISLATION AMENDMENT (POWERS, APPOINTMENTS AND OTHER MATTERS) ACT 2023 (NO 31 OF 2023) - SECT 13

Section 134 replaced

Section 134

repeal, insert

134     Identification of person to assist with inquiries

    (1)     This section applies in relation to a person if a member believes on reasonable grounds that the person may be able to assist the member in the member's inquiries in connection with an offence that has been, may have been or may be committed.

    (2)     If the person's name or address is unknown to the member, the member may require the person to do either or both of the following:

    (a)     state the person's name and the address of the person's usual place of residence or work;

    (b)     produce evidence of the person's identity.

    (3)     When giving a requirement under subsection (2), the member must warn the person that it is an offence to contravene the requirement unless the person has a reasonable excuse.

    (4)     A person commits an offence if the person contravenes a requirement given under subsection (2).

Maximum penalty:     4 penalty units.

    (5)     An offence against subsection (4) is an offence of strict liability.

    (6)     It is a defence to a prosecution for an offence against subsection (4) if the defendant has a reasonable excuse.

    (7)     Subsection (4) does not apply to a person who has been given a requirement under subsection (2) if the member who gave the requirement did not, at the time the requirement was given, warn the person in accordance with subsection (3).

    (8)     A person commits an offence if:

    (a)     the person gives a member information or produces evidence required under subsection (2); and

    (b)     the information or evidence is false or misleading in a material particular.

Maximum penalty:     4 penalty units.

    (9)     An offence against subsection (8) is an offence of strict liability.

134A     Identification of person on suspicion of contravention

    (1)     This section applies in relation to a person if a member suspects on reasonable grounds that the person has contravened, is contravening, or is about to contravene section 171(1) of the Liquor Act 2019 .

    (2)     If the person's name or address is unknown to the member, the member may require the person to do either or both of the following:

    (a)     state the person's name and the address of the person's usual place of residence or work;

    (b)     produce evidence of the person's identity.

    (3)     When giving a requirement under subsection (2), the member must warn the person that it is an offence to contravene the requirement unless the person has a reasonable excuse.

    (4)     A person commits an offence if the person contravenes a requirement given under subsection (2).

Maximum penalty:     4 penalty units.

    (5)     An offence against subsection (4) is an offence of strict liability.

    (6)     It is a defence to a prosecution for an offence against subsection (4) if the defendant has a reasonable excuse.

    (7)     Subsection (4) does not apply to a person who has been given a requirement under subsection (2) if the member who gave the requirement did not, at the time the requirement was given, warn the person in accordance with subsection (3).

    (8)     A person commits an offence if:

    (a)     the person gives a member information or produces evidence required under subsection (2); and

    (b)     the information or evidence is false or misleading in a material particular.

Maximum penalty:     4 penalty units.

    (9)     An offence against subsection (8) is an offence of strict liability.

134B     Identification of member

    (1)     A person may require a member who gives the person a requirement under section 134 or 134A to do either or both of the following:

    (a)     inform the person of the member's name, rank and place of duty;

    (b)     give the information mentioned in paragraph (a) to the person in writing.

    (2)     A member who has been given a requirement under subsection (1) commits an offence if:

    (a)     the member contravenes the requirement; or

    (b)     the member gives the person information that is false or misleading in a material particular.    

Maximum penalty:     4 penalty units.

    (3)     An offence against subsection (2) is an offence of strict liability.



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