Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FISHERIES ACT 1995 - SECT 109

Power to require name and address

S. 109(1) substituted by No. 108/2003 s. 11(2), amended by No. 37/2014 s. 10(Sch. item 65.21(a)).

    (1)     This section applies if an authorised officer or a police officer believes on reasonable grounds that a person has committed an offence under this Act.

S. 109(2) substituted by No. 108/2003 s. 11(2), amended by No. 37/2014 s. 10(Sch. item 65.21(b)).

    (2)     The authorised officer or police officer may demand that the person give details of his or her name and place of residence to the authorised officer or police officer.

    (3)     A person must not—

S. 109(3)(a) amended by No. 37/2014 s. 10(Sch. item 65.21(c)).

        (a)     refuse or fail to give his or her name and place of residence upon demand by an authorised officer or police officer; or

        (b)     give a false name or place of residence.

Penalty:     20 penalty units.

S. 109(4) substituted by No. 37/2014 s. 10(Sch. item 65.21(d)).

    (4)     A person who, on demand by an authorised officer or a police officer, refuses or fails to give his or her name and place of residence or gives a name and place of residence which the authorised officer or police officer reasonably suspects to be false, may be arrested by the authorised officer or police officer without warrant and taken before a bail justice or the Magistrates' Court to be dealt with according to law.

S. 109(5) amended by No. 37/2014 s. 10(Sch. item 65.21(e)).

    (5)     It is a defence to a prosecution for an offence against subsection (3)(a) if the person charged with the offence proves that the authorised officer or police officer did not inform that person that he or she was required by this Act to give the information.

S. 110 (Heading) inserted by No. 17/2002 s. 23(1).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback