NSWIn ForceAct
Criminal Procedure Act 1986
341Powers relating to identity
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#### 341 Powers relating to identity
341 Powers relating to identity
> > (1) A police officer who intends to issue a penalty notice, under this Part, to a person whose name or address is, or name and address are, unknown to the officer may request the person to state his or her name or address (or both).
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> > (2) A police officer may make a request under subsection (1) only if at the time of making the request the police officer—
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> > > (a) provides evidence to the person that he or she is a police officer (unless the police officer is in uniform), and
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> > > (b) provides his or her name and place of duty, and
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> > > (c) informs the person of the reason for the request, and
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> > > (d) warns the person that failure to comply with the request may be an offence.
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> > (3) A person must not, without reasonable excuse, (proof of which lies on the person), in response to a request made by a police officer in accordance with subsections (1) and (2)—
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> > > (a) fail or refuse to comply with the request, or
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> > > (b) state a name that is false in a material particular, or
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> > > (c) state an address other than the full and correct address of his or her residence.
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> > Maximum penalty—2 penalty units.
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> > (4) A police officer may request a person to provide proof of the person’s name and address.
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> > (5) Nothing in this section limits any functions that police officers may have apart from this section.
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> **s 341 (previously s 169):** Renumbered 2002 No 46, Sch 1 \[2\].