Fire Services Act 1990
sec.149SPower to require name and address
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sec.149S Power to require name and address
This section applies if an authorised fire officer— finds a person committing an offence against this Act; or finds a person in circumstances that lead the officer to reasonably suspect the person has just committed an offence against this Act; or has information that leads the officer to reasonably suspect a person has committed an offence against this Act. The authorised fire officer may require the person to state the person’s name and residential address. When making the requirement, the authorised fire officer must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse. The authorised fire officer may require the person to give evidence of the correctness of the stated name or address if the authorised fire officer reasonably suspects the stated name or address is false. A person must comply with a requirement under subsection (2) or (4) , unless the person has a reasonable excuse. Maximum penalty—10 penalty units. The person does not commit an offence against subsection (5) if— the person was required to state the person’s name and address by an authorised fire officer who suspected the person had just committed an offence against this Act; and the person is not proved to have committed the offence. s 149S (prev s 57) sub 2006 No. 49 s 9 amd 2008 No. 64 s 18 reloc and renum 2024 No. 22 s 37 (2) (sec.149S-ssec.1) This section applies if an authorised fire officer— finds a person committing an offence against this Act; or finds a person in circumstances that lead the officer to reasonably suspect the person has just committed an offence against this Act; or has information that leads the officer to reasonably suspect a person has committed an offence against this Act. (sec.149S-ssec.2) The authorised fire officer may require the person to state the person’s name and residential address. (sec.149S-ssec.3) When making the requirement, the authorised fire officer must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse. (sec.149S-ssec.4) The authorised fire officer may require the person to give evidence of the correctness of the stated name or address if the authorised fire officer reasonably suspects the stated name or address is false. (sec.149S-ssec.5) A person must comply with a requirement under subsection (2) or (4) , unless the person has a reasonable excuse. Maximum penalty—10 penalty units. (sec.149S-ssec.6) The person does not commit an offence against subsection (5) if— the person was required to state the person’s name and address by an authorised fire officer who suspected the person had just committed an offence against this Act; and the person is not proved to have committed the offence.
- (a) finds a person committing an offence against this Act; or