42Direction to give name and other personal details

42 Direction to give name and other personal details

Note: (see section 16 of Criminal Investigation (Identifying People) Act 2002 (WA))

Definition (1) In this section:

personal details, in relation to a person, means:

(a) the person’s full name; and
(b) the person’s date of birth; and
(c) the address of where the person is living; and
(d) the address of where the person usually lives; and
(e) the person’s business address.

Direction to give personal details (2) If an authorised officer or police officer suspects on reasonable grounds that an individual person whose personal details are unknown to the officer: (a) is or may be a responsible person; or (b) has committed or is committing or is about to commit an Australian road law offence; or (c) may be able to assist in the investigation of an Australian road law offence or a suspected Australian road law offence; or (d) is or may be the driver or other person in charge of a vehicle or combination that has been or may have been involved in an incident involving death or personal injury or damage to property; the officer may direct the person to give the officer then and there any or all of the person’s personal details. Direction to produce evidence of personal details (3) If an authorised officer or police officer suspects on reasonable grounds that a personal detail given by a person in response to a direction is false or misleading, the officer may direct the person to produce evidence then and there of the correctness of the detail. Offence of contravening direction (4) A person commits an offence if: (a) the person is subject to a direction under subsection (2) or (3); and (b) the person engages in conduct that results in a contravention of the direction. Offence of giving false or misleading personal details (5) A person commits an offence if: (a) the person is subject to a direction under subsection (2); and (b) the person gives any details that are false or misleading in a material particular in purported response to the direction. Offence of providing false or misleading evidence of personal details (6) A person commits an offence if: (a) the person is subject to a direction under subsection (3); and (b) the person produces any evidence that is false or misleading in a material particular in purported response to the direction. Reasonable excuse (evidence of personal details) (7) Subsection (6) does not apply if the person has a reasonable excuse. (8) The person charged bears an evidential burden in relation to the matter in subsection (7). Defence of failure to warn (9) It is a defence if the person charged establishes that the officer did not first warn the person that contravention of a direction under subsection (2) or (3) is an offence. Defence about business address (10) In proceedings for an offence of contravening a direction under subsection (2) in relation to a failure to state a business address, it is a defence if the person charged establishes that: (a) the person did not have a business address; or (b) the person’s business address was not connected (directly or indirectly) with road transport involving vehicles or combinations. Nature of offences (11) The offences under this section are offences of strict liability. Other laws not affected (12) This section does not affect any other law that requires a person to state or provide any personal details.