Major Transport Projects Facilitation Act 2009
204Offence not to produce certificate on demand
Start here
Get a plain-English read of 204
Turn the raw legal text into a practical explanation grounded in Major Transport Projects Facilitation Act 2009.
204 Offence not to produce certificate on demand
S. 204(1) amended by No. 37/2014 s. 10(Sch. item 105.3).
(1) A person who is in a restricted access area, when asked to do so by a police officer or an authorised officer, must—
(a) produce a certificate of authorisation issued under section 199 or other evidence of that person's authority to be in that area; or
(b) give his or her name and address.
- 5 penalty units.
S. 204(2) amended by No. 37/2014 s. 10(Sch. item 105.3(b)(i)).
(2) A police officer or an authorised officer must—
S. 204(2)(a) amended by No. 37/2014 s. 10(Sch. item 105.3(b)).
(a) produce proof of his or her identity and official status before exercising a power under subsection (1) unless, in the case of a police officer, the police officer is in uniform; and
(b) inform the person that—
S. 204(2)(b)(i) amended by No. 37/2014 s. 10(Sch. item 105.3(b)(i)).
(i) the authorised officer or police officer (as the case requires) is empowered under subsection (1) to ask the person to produce evidence of that person's authority to enter or remain in the restricted access area or to ask the person to give that person's name and address; and
(ii) it is an offence to fail to comply with the requirements of subsection (1); and
(c) make all reasonable attempts to ensure that the person understands the requirement made under subsection (1).
S. 204(3) amended by No. 37/2014 s. 10(Sch. item 105.3(c)).
(3) It is not an offence for a person to fail to comply with subsection (1) if the authorised officer or police officer (as the case requires) did not comply with subsection (2).