South Australian Numbered Acts

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TERRORISM (PREVENTATIVE DETENTION) ACT 2005 (NO 71 OF 2005) - SECT 21

21—Requirement to provide name etc

        (1)         If a police officer believes on reasonable grounds that a person whose name or address is, or whose name and address are, unknown to the police officer may be able to assist the police officer in executing a preventative detention order, the police officer may request the person to provide his or her name or address, or name and address, to the police officer.

        (2)         If a police officer—

            (a)         makes a request of a person under subsection (1); and

            (b)         informs the person of the reason for the request; and

            (c)         if the police officer is not in uniform—shows the person evidence that the police officer is a police officer; and

            (d)         complies with subsection (4) if the person makes a request under that subsection,

the person must not—

            (e)         refuse or fail to comply with the request; or

            (f)         give a name or address that is false in a material particular.

Maximum penalty: $2 000.

        (3)         Subsection (2) does not apply if the person has a reasonable excuse.

        (4)         If a police officer who makes a request of a person under subsection (1) is requested by the person to provide to the person any of the following:

            (a)         his or her name;

            (b)         the address of his or her place of duty;

            (c)         his or her identification number,

the police officer must not—

            (d)         refuse or fail to comply with the request; or

            (e)         give a name, address or number that is false in a material particular.

Maximum penalty: $500.



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