68Requirement to state name and address or give other information

#### 68 Requirement to state name and address or give other information 68 Requirement to state name and address or give other information > > (1) An authorised officer may— > > > > > (a) require a person whom the officer reasonably suspects has committed an offence under this Act or the regulations to state the person’s full name and place of residence, and > > > > > (b) require the driver of a motor vehicle in a marine park or an aquatic reserve to produce his or her driver licence and to state the person’s full name and place of residence. > > > (2) If an authorised officer suspects on reasonable grounds that the driver of a motor vehicle has committed an offence under this Act or the regulations, the authorised officer may— > > > > > (a) require the owner of the vehicle, or the person in whose name it is registered, or the person having the custody of the vehicle, to give information (which must, if so required, be given in the form of a statement in writing, signed by that owner or person) as to the name and place of residence of the driver, or > > > > > (b) require any other person to give any information that is in that person’s power to give and that may lead to the identification of the driver. > > > (3) A person must not— > > > > > (a) without lawful excuse, refuse or fail to comply with a requirement made of the person under this section, or > > > > > (b) in purported compliance with a requirement under this section, give or furnish information or evidence or produce a document knowing it to be false or misleading in a material particular. > > > > Maximum penalty—10 penalty units. > > > (4) A person does not commit an offence in respect of a requirement made under this section if— > > > > > (a) the authorised officer does not, at the time when the officer makes the requirement, show the person the officer’s identification card, or > > > > > (b) the authorised officer does not, at the time when the officer makes the requirement, warn the person that it would be an offence not to comply with the requirement. > > > (5) In a prosecution for an offence in respect of a failure or refusal to comply with a requirement under subsection (2) (a), it is a defence if the defendant satisfies the court that the defendant did not know and could not with reasonable diligence have ascertained the name or place of residence of the driver concerned, or both, as the case requires. > > > (6) If a statement in writing purporting to be furnished under subsection (1) (a) and to contain particulars of the name and place of residence of the driver of a motor vehicle at the time of the commission of an alleged offence is produced in any court in proceedings for the offence against the person named in the statement as the driver, the statement is, if that person does not appear before the court, evidence without proof of signature that the person was the driver of the vehicle at that time.