126Power to demand suspected minor to give his or her age

126 Power to demand suspected minor to give his or her age

S. 126(1) amended by Nos 8/2009 s. 18(1)(b), 37/2014 s. 10(Sch. item 96.13).

(1) If—

S. 126(1)(a) amended by Nos 8/2009 s. 18(1)(a), 58/2011 s. 104(Sch. item 4.187), 37/2014 s. 10(Sch. item 96.13), 26/2022 s. 23(1).

(a) a police officer or a liquor inspector has reason to believe that a person appearing to be under the age of 18 years—

(i) has requested or received a supply of liquor; or

(ii) has consumed, is consuming or is about to consume liquor; or

(iii) is on licensed premises or on any authorised premises—

in contravention of this Act; or

(b) a licensee, permittee or employee or agent of a licensee or permittee has reason to believe that a person appearing to be under the age of 18 years is on the licensed premises or on any authorised premises in contravention of this Act—

the police officer, inspector, licensee, permittee, employee or agent may demand particulars of the person's age, name and address.

S. 126(2) repealed by No. 92/2004 s. 31, new s. 126(2) inserted by No. 43/2011 s. 30(1).

(2) If a protective services officer on duty at a designated place has reason to believe that a person at or in the vicinity of a designated place who appears to be under the age of 18 years has consumed, is consuming or is about to consume liquor in contravention of this Act, the protective services officer may demand particulars of the person's age, name and address.

S. 126(3) repealed by No. 92/2004 s. 31.

(4) A person must not—

(a) refuse to give particulars of his or her age, name and address;

(b) give any false particulars of his or her age, name and address; or

S. 126(4)(c) amended by No. 88/2001 s. 8.

(c) give any false evidence as to his or her age, name or address—

pursuant to a demand made under this section.

S. 126(5) amended by Nos 43/2011 s. 30(2), 37/2014 s. 10(Sch. item 96.13).

(5) If a person refuses to give his or her name and address on being required to do so under this section, a police officer or a protective services officer referred to in subsection (2) may caution him or her and if he or she persists in the refusal, may arrest him or her without a warrant.

S. 126(6) inserted by No. 43/2011 s. 30(3), amended by No. 37/2014 s. 10(Sch. item 96.13).

(6) If a protective services officer arrests a person under subsection (5), the protective services officer must hand the person into the custody of a police officer as soon as practicable after the person is arrested.