VICIn ForceAct
Environment Protection Act 2017
125Litter enforcement officer may ask person's name and address
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125 Litter enforcement officer may ask person's name and address
(1) If a litter enforcement officer reasonably believes that a person is committing, is likely to commit or has committed an offence under this Part, the officer may request the person to state the person's name and ordinary place of residence or business.
(2) In making a request of a person under subsection (1), a litter enforcement officer must—
(a) inform the person of the reasons for the officer's reasonable belief; and
(b) give the person sufficient information to enable the person to understand the nature of the offence the officer reasonably believes that the person is likely to commit or has committed.
(3) A natural person must not, without reasonable excuse, fail to comply with a request made under subsection (1).
(4) A natural person must not, in response to a request under subsection (1), state—
(a) a false name; or
(b) an address that is not the person's ordinary place of residence or business.
(5) If a litter enforcement officer reasonably believes that a person has stated a false name or address in response to a request under subsection (1), the officer may request that the person produce proof of the person's name or address.
(6) A natural person must not, without reasonable excuse, fail to comply with a request made under subsection (5).
(7) A person does not contravene subsection (3) or (6) if, at the time of making a request under subsection (1) or (5) (as the case requires), a litter enforcement officer does not inform the person that it is an offence to fail to comply with the officer's request.
S. 126 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).