Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p35
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 35/58)
Character Range: 111832–114366

(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.

Penalty: 20 penalty units.

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

Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3)).

 (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 if he or she has an identification number;
 (d) his or her rank if he or she does 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.

105.22  Power to enter premises

 (1) Subject to subsection (2), if:
 (a) a preventative detention order is in force in relation to a person; and
 (b) a police officer believes on reasonable grounds that the person is on any premises;
the police officer may enter the premises, using such force as is necessary and reasonable in the circumstances and with such assistance from other police officers as is necessary, at any time of the day or night for the purpose of searching the premises for the person or taking the person into custody.

 (2) A police officer must not enter a dwelling house under subsection (1) at any time during the period commencing at 9 pm on a day and ending at 6 am on the following day unless the police officer believes on reasonable grounds that:
 (a) it would not be practicable to take the person into custody, either at the dwelling house or elsewhere, at another time; or
 (b) it is necessary to do so in order to prevent the concealment, loss or destruction of evidence of, or relating to, a terrorist act.

 (3) In subsection (2):

dwelling house includes a conveyance, and a room in a hotel, motel, boarding house or club, in which people ordinarily retire for the night.

105.23  Power to conduct a frisk search

  A police officer who takes a person into custody under a preventative detention