South Australian Current Acts

WORK HEALTH AND SAFETY ACT 2012 - SECT 185

185—Power to require name and address

        (1)         An inspector may require a person to provide the person's name and residential address if—

            (a)         the inspector finds the person committing an offence against this Act; or

            (b)         the inspector finds the person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person has committed an offence against this Act; or

            (c)         the inspector reasonably believes that the person may be able to assist in the investigation of an offence against this Act.

        (2)         When asking a person to provide his or her name and residential address, the inspector must—

            (a)         tell the person the reason for the requirement to provide his or her name and residential address; and

            (b)         warn the person that it is an offence to fail to state that name and residential address, unless the person has a reasonable excuse.

        (3)         If the inspector reasonably believes that the name or residential address is false, the inspector may require the person to give evidence of its correctness.

        (4)         A person must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (1) or (3).

Maximum penalty: $10 000.

        (5)         Subsection (4) places an evidential burden on the accused to show a reasonable excuse.