TASIn ForceAct
Poisons Act 1971
90DPower of police officer to require person to provide certain particulars
Start here
Get a plain-English read of 90D
Turn the raw legal text into a practical explanation grounded in Poisons Act 1971.
### 90D Power of police officer to require person to provide certain particulars
> *\[Section 90D Inserted by No. 27 of 1984, s. 42 \]*
>
> > (1) [*\[Section 90D Subsection (1) amended by No. 35 of 1997, Sched. 1, Applied:01 Jun 1999\]*](/view/html/inforce/1999-06-01/act-1997-035#JS1@Ja4@GC4@EN) Where a police officer seizes a substance, plant, or other article under [section 90](#GS90@EN) , [90B](#GS90B@EN) or under a warrant issued under the [Search Warrants Act 1997](/view/html/inforce/2026-04-12/act-1997-034) , he may require the person from whom the substance, plant, or article was seized to state–
> >
> > > > (a) his name and the address of his place of residence or of the place where he proposes next to reside; and
> > >
> > > > (b) the place at which, and the person from whom, the first-mentioned person obtained the substance, plant, or article.
>
> > (2) *\[Section 90D Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 \]*Any person who –
> >
> > > > (a) fails to comply with a requirement made to him under [subsection (1)](#GS90D@Gs1@EN) with respect to the particulars referred to in [paragraph (a)](#GS90D@Gs1@Hpa@EN) of that subsection;
> > >
> > > > (b) without reasonable excuse, fails to comply with a requirement made to him under [subsection (1)](#GS90D@Gs1@EN) with respect to the particulars referred to in [paragraph (b)](#GS90D@Gs1@Hpb@EN) of that subsection when it is within his power so to comply; or
> > >
> > > > (c) in response to a requirement made to him under [subsection (1)](#GS90D@Gs1@EN) , gives information which to his knowledge is false or misleading –
> >
> > is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units.
>
> > (3) [*\[Section 90D Subsection (3) amended by No. 35 of 1997, Sched. 1, Applied:01 Jun 1999\]*](/view/html/inforce/1999-06-01/act-1997-035#JS1@Ja4@GC5@EN) Where, pursuant to [section 90B](#GS90B@EN) or under a warrant issued under the [Search Warrants Act 1997](/view/html/inforce/2026-04-12/act-1997-034) , a police officer searches or is empowered to search a person, the police officer may arrest the person without warrant if–
> >
> > > > (a) the person fails to comply with a requirement made to him under [subsection (1)](#GS90D@Gs1@EN) ; or
> > >
> > > > (b) in response to such a requirement, the person gives information that the police officer believes on reasonable grounds to be false or misleading.