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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 43

Power to demand name, age and address

S. 43(1) amended by No. 37/2014 s. 10(Sch. item 19.3(a)).

    (1)     A police officer who has reasonable cause to suspect that a person to whom a computer game is being or is about to be demonstrated, sold or delivered has contravened or is about to contravene a provision of this Part may demand the person's name, age and address.

S. 43(2) amended by No. 37/2014 s. 10(Sch. item 19.3(a)).

    (2)     A police officer who makes a request under subsection (1) must inform the person of the grounds for his or her suspicion in sufficient detail to allow the person to understand the nature of the contravention.

    (3)     Subject to subsection (8), a person must not give false particulars or fail or refuse to give satisfactory particulars demanded under subsection (1).

Penalty:     5 penalty units.

S. 43(4) amended by No. 37/2014 s. 10(Sch. item 19.3(b)).

    (4)     A person who is requested by a police officer under subsection (1) to state his or her name, age and address may request the police officer to state, orally or in writing, his or her name, rank and place of duty.

S. 43(5) amended by No. 37/2014 s. 10(Sch. item 19.3(c)(i)).

    (5)     A police officer must not, in response to a request under subsection (4)—

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

        (b)     state a name or rank that is false in a material particular; or

S. 43(5)(c) amended by No. 37/2014 s. 10(Sch. item 19.3(c)(ii)).

        (c)     state as his or her place of duty an address other than the name of the police station which is the police officer's ordinary place of duty; or

        (d)     refuse to comply with the request in writing if requested to do so.

Penalty:     5 penalty units.

S. 43(6) amended by No. 37/2014 s. 10(Sch. item 19.3(d)).

    (6)     If a police officer has reasonable grounds to believe that any of the particulars given by a person under subsection (1) are false, the police officer may require the person to produce within a reasonable time evidence of the correctness of the particulars given by the person.

    (7)     A person must not fail or refuse to produce satisfactory evidence of the correctness of particulars required under subsection (6).

Penalty:     1 penalty unit.

    (8)     If—

        (a)     a computer game is about to be demonstrated in a public place in contravention of this Part; and

        (b)     a demand under subsection (1) is made to a person attending the demonstration; and

        (c)     the person immediately leaves the public place after the demand is made—

the person is not guilty of an offence against subsection (3).



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