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Control of Weapons Act 1990
10KPower to obtain disclosure of identity
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10K Power to obtain disclosure of identity
S. 10K(1) amended by No. 37/2014 s. 10(Sch. item 28.13).
(1) A police officer may request a person who is to be subject to a strip search under Schedule 1 and whose identity is unknown to the police officer to disclose his or her identity.
(2) A person who is so requested to disclose his or her identity must not, without reasonable excuse, fail or refuse to comply with the request.
1. 1 penalty unit.
(3) A person must not, without reasonable excuse, in response to any such request—
(a) give a name that is false in a material particular; or
(b) give an address other than the person's full and correct address.
1. 1 penalty unit.
S. 10KA inserted by No. 32/2017 s. 6.
10KA Other powers that may be exercised in relation to designated area
(1) A police officer may direct a person wearing a face covering to leave a designated area if—
(a) the police officer reasonably believes the person is using the face covering primarily—
(i) to conceal the person's identity; or
(ii) to protect the person from the effects of crowd-controlling substances; and
(b) the person refuses to remove the face covering when requested by the police officer to do so.
(2) A police officer may direct a person to leave a designated area if the police officer reasonably believes the person intends to engage in conduct that would constitute an offence under section 195H (affray) or 195I (violent disorder) of the **Crimes Act 1958**.
(3) Before, or immediately after, a police officer gives a direction to a person under this section, the police officer must advise the person that a declaration is in force declaring the relevant area to be a designated area.
S. 10KB inserted by No. 32/2017 s. 6.
10KB Additional reporting requirements
The Chief Commissioner must provide to the Minister for inclusion in the annual report of operations under Part 7 of the **Financial Management Act 1994** a report containing—
(a) the number of declarations made under each of sections 10D and 10E during that financial year; and
(b) for each declaration reported under paragraph (a), information about whether a power under section 10KA was exercised in relation to the designated area that was the subject of the declaration.
S. 10L inserted by No. 92/2009 s. 12, amended by No. 32/2017 s. 7 (ILA s. 39B(1)).