Victorian Current Acts

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TERRORISM (COMMUNITY PROTECTION) ACT 2003 - SECT 13AO

Requirement to provide name etc.

    (1)     This section applies 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 power under section 13AH.

    (2)     The police officer may request the person to provide their name or address, or name and address, to the police officer.

    (3)     A person commits an offence if—

        (a)     a police officer

              (i)     makes a request of a person under subsection (2); and

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

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

              (iv)     complies with subsection (5) if the person makes a request under that subsection; and

        (b)     the person—

              (i)     refuses or fails to comply with the request; or

              (ii)     gives a name or address that is false in a material particular.

Penalty:     20 penalty units.

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

    (5)     If a police officer who makes a request of a person under subsection (2) is requested by the person to provide to the person any of the following—

        (a)     their name;

        (b)     the address of their place of duty;

        (c)     their identification number if they have an identification number;

        (d)     their rank if they do not have an identification number—

the police officer must not—

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

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

Penalty:     5 penalty units.

    (6)     Subsection (5) does not apply if the police officer has a reasonable excuse.

S. 13AP inserted by No. 32/2018 s. 9.



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