Document ID: chunk:federal_register_of_legislation:C2009A00034:clause:17_203ha
Version: federal_register_of_legislation:C2009A00034
Segment Type: clause
Provision Reference: sch 17 cl 203HA
Character Range: 46919–49178

203HA  Requirement to provide name or address etc.

Request to provide name or address etc.
 (1) If:
 (a) a search warrant or seizure warrant in relation to premises is being executed; and
 (b) the designated warrant officer believes on reasonable grounds that a person who is at or near the premises may be able to assist the officer in the execution of the warrant;
the officer may request the person to provide his or her name or address, or name and address, to the officer.

Offence—person's refusal or failure to comply with request etc.
 (2) A person commits an offence if:
 (a) a designated warrant officer:
 (i) has made a request of the person under subsection (1); and
 (ii) has informed the person of the reason for the request; and
 (iii) has complied with any request that the person has made under paragraph (4)(b); and
 (b) the person refuses or fails to comply with the request, or gives a name or address that is false in a material particular.
Penalty: 5 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) of the Criminal Code).

Offence—designated warrant officer's refusal or failure to comply with request etc.
 (4) A designated warrant officer commits an offence if:
 (a) the officer makes a request of a person under subsection (1); and
 (b) the person requests the officer to provide to the person:
 (i) his or her name or the address of his or her place of duty; or
 (ii) his or her name and that address; or
 (iii) if the officer is not in uniform and it is practicable for the officer to provide the evidence—evidence that he or she is an officer; and
 (c) the officer refuses or fails to comply with the request, or gives a name or address that is false in a material particular.
Penalty: 5 penalty units.

Definition
 (5) In this section:
designated warrant officer, in relation to a search warrant or seizure warrant, means:
 (a) the executing officer; or
 (b) a person who is an authorised person and who is assisting in the execution of the warrant.

[Minister's second reading speech made in—
House of Representatives on 3 December 2008
Senate on 10 March 2009]
(240/08)