10KPower to obtain disclosure of identity

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)).