90DPower of police officer to require person to provide certain particulars

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] Where a police officer seizes a substance, plant, or other article under section 90 , 90B or under a warrant issued under the Search Warrants Act 1997 , 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) with respect to the particulars referred to in paragraph (a) of that subsection;

(b) without reasonable excuse, fails to comply with a requirement made to him under subsection (1) with respect to the particulars referred to in paragraph (b) 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) , 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] Where, pursuant to section 90B or under a warrant issued under the Search Warrants Act 1997 , a police officer searches or is empowered to search a person, the police officer may arrest the person without warrant if–