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LOCAL GOVERNMENT ACT 2009 - SECT 127
Power to require a person’s name and address
127 Power to require a person’s name and address
(1) This section applies if an authorised person— (a) finds a person
committing an infringement notice offence; or
(b) finds a person in
circumstances that lead the authorised person to suspect, on reasonable
grounds, that the person has just committed an infringement notice offence; or
(c) has information that leads the authorised person to suspect, on reasonable
grounds, that a person has just committed an infringement notice offence.
(2)
An
"infringement notice offence" is an offence prescribed under the
State Penalties Enforcement Act 1999 to be an infringement notice offence.
(3) The authorised person may require the person to state the person’s name
and address.
(4) If the authorised person does so, the authorised person must
also warn the person that it is an offence to fail to state the person’s
name and address, unless the person has a reasonable excuse.
(5) The
authorised person may require the person to give evidence of the person’s
name or address if the authorised person suspects, on reasonable grounds, that
the person has given a false name or address.
(6) The person must comply with
an authorised person’s requirement under subsection (3) or (5) , unless the
person has a reasonable excuse. Penalty— Maximum penalty—35 penalty
units.
(7) However, the person does not commit an offence under subsection
(6) , if the person is not proved to have committed the
infringement notice offence.
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