Document ID: chunk:federal_register_of_legislation:F2008C00493:body:0:p26
Version: federal_register_of_legislation:F2008C00493
Segment Type: other
Provision Reference: 
Character Range: 59072–61687

person of the reason for the request; and
 (c) the investigating officer produces:
 (i) in the case of a leader — his or her identity card; and
 (ii) in any other case — written evidence of the capacity in which the officer is making the request;
the investigating officer may request the person to provide his or her name or address to the officer.

 (2) If an investigating officer requests a person to provide his or her name or address the person must not:
          (a) fail to comply with the request; or
          (b) give a name or address that is false in a relevant detail.

Penalty:   5 penalty units.

 (3) An offence under subsection (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

Division 3 Other matters

52 Use of force generally

  The powers and functions conferred on an investigating officer must not be exercised or performed in relation to another person in a manner that is likely to cause injury to, or the death of, the other person to a greater extent than is reasonably necessary to prevent injury to, or protect the life of, any person.

53 Jurisdiction and powers of Supreme Court

  This Ordinance does not affect any jurisdiction or powers that the Supreme Court has apart from this Ordinance.

54 Arrangements with States and Territories

  The Minister may arrange with a State or another Territory for the performance of functions and the exercise of powers under Part 8 by:
 (a) officers or employees of the State or Territory; and
 (b) officers or employees of an authority of the State or Territory.

55 Delegation

  The Minister may delegate in writing to the Director of the Antarctic Division of the Department any of his or her powers under this Ordinance, other than the power to make regulations.

56 Liability for wrongful acts of certain persons

 (1) In this section:
auxiliary means:
 (a) a leader; or
 (b) a person other than:
 (i) a police officer; or
 (ii) a member of the police force, or a prison officer, of a State or another Territory;
who, at the request of a special constable, assists the special constable under a provision of this Ordinance.
plaintiff includes a defendant counter‑claiming.

 (2) The Commonwealth is:
 (a) liable for a tort committed by an auxiliary in the exercise or performance, or purported exercise or performance, of his or her powers or functions in the same way as a person is liable for a tort committed by his or her employee in the course of his or her employment; and
 (b) to be treated for all purposes as a joint tortfeasor with the auxiliary in respect of