Document ID: chunk:federal_register_of_legislation:C2004A01213:clause:1_18a
Version: federal_register_of_legislation:C2004A01213
Segment Type: clause
Provision Reference: sch 1 cl 18A
Character Range: 2195–3764

18A  Requirement to provide name etc.

 (1) If:
 (a) a protective service officer suspects on reasonable grounds that a person might have just committed, might be committing, or might be about to commit, an offence to which section 13 applies; and
 (b) the person is in a place, or in the vicinity of a place, person or thing, in respect of which the Protective Service is performing functions under this Act;
the officer may request the person to provide to the officer:
 (c) the person's name; and
 (d) the person's residential address; and
 (e) the person's reason for being in the place, or in the vicinity of the place, person or thing, in respect of which the Protective Service is performing functions under this Act; and
 (f) evidence of the person's identity.

 (2) If a protective service officer:
 (a) makes a request under subsection (1); and
 (b) informs the person of the officer's authority to make the request; and
 (c) informs the person that it may be an offence not to comply with the request; and
 (d) complies with subsection 19(3) or 20(2);
the person must not:
 (e) fail to comply with the request; or
 (f) give a name or address that is false in a material particular.

Penalty: 20 penalty units.

Note: A more serious offence of obstructing a Commonwealth public official may also apply (see section 149.1 of the Criminal Code).

 (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).