sec.41Prescribed circumstances for requiring name and address

### sec.41 Prescribed circumstances for requiring name and address The prescribed circumstances for requiring a person to state the person’s name and address are as follows— a police officer finds the person committing an offence; a police officer reasonably suspects the person has committed an offence, including an extradition offence; a police officer is about to take— the person’s identifying particulars under an identifying particulars notice or an order of a court made under section 471 or 514 ; or a DNA sample from the person under a DNA sample notice or an order made under section 484 , 485 , 488 or 514 ; an authorised examiner is about to perform a non-medical examination under a non-medical examination notice or under section 514 ; a police officer is about to give, is giving, or has given a person a noise abatement direction, an initial nuisance direction or a final nuisance direction; a police officer is attempting to enforce a warrant, forensic procedure order or registered corresponding forensic procedure order or serve on a person— a forensic procedure order or registered corresponding forensic procedure order; or a summons; or another court document; a police officer reasonably believes obtaining the person’s name and address is necessary for the administration or enforcement of an Act prescribed under a regulation for this section; a police officer reasonably suspects the person has been or is about to be involved in domestic violence or associated domestic violence; a police officer reasonably suspects the person may be able to help in the investigation of— domestic violence or associated domestic violence; or a relevant vehicle incident; a police officer reasonably suspects the person may be able to help in the investigation of an alleged indictable offence because the person was near the place where the alleged offence happened before, when, or soon after it happened; the person is the person in control of a vehicle that is stationary on a road or has been stopped under section 60 ; under chapter 17 , a qualified person for performing a forensic procedure is about to perform the forensic procedure on the person; a police officer is about to give, is giving, or has given a person a police banning notice under chapter 19 , part 5A ; a police officer is about to give, is giving, or has given a person any of the following under the Peace and Good Behaviour Act 1982 — a public safety order; a restricted premises order; a fortification removal order; a police officer reasonably suspects a person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders. s 41 prev s 41 om 2006 No. 26 s 12 pres s 41 amd 2000 No. 22 s 5 ; 2003 No. 49 s 7 ; 2006 No. 26 s 7 ; 2012 No. 5 s 223 ; 2013 No. 45 s 57 ; 2014 No. 42 s 104 ; 2016 No. 62 s 313 ; 2020 No. 7 s 21 - (a) a police officer finds the person committing an offence; - (b) a police officer reasonably suspects the person has committed an offence, including an extradition offence; - (c) a police officer is about to take— (i) the person’s identifying particulars under an identifying particulars notice or an order of a court made under section 471 or 514 ; or (ii) a DNA sample from the person under a DNA sample notice or an order made under section 484 , 485 , 488 or 514 ; - (i) the person’s identifying particulars under an identifying particulars notice or an order of a court made under section 471 or 514 ; or - (ii) a DNA sample from the person under a DNA sample notice or an order made under section 484 , 485 , 488 or 514 ; - (d) an authorised examiner is about to perform a non-medical examination under a non-medical examination notice or under section 514 ; - (e) a police officer is about to give, is giving, or has given a person a noise abatement direction, an initial nuisance direction or a final nuisance direction; - (f) a police officer is attempting to enforce a warrant, forensic procedure order or registered corresponding forensic procedure order or serve on a person— (i) a forensic procedure order or registered corresponding forensic procedure order; or (ii) a summons; or (iii) another court document; - (i) a forensic procedure order or registered corresponding forensic procedure order; or - (ii) a summons; or - (iii) another court document; - (g) a police officer reasonably believes obtaining the person’s name and address is necessary for the administration or enforcement of an Act prescribed under a regulation for this section; - (h) a police officer reasonably suspects the person has been or is about to be involved in domestic violence or associated domestic violence; - (i) a police officer reasonably suspects the person may be able to help in the investigation of— (i) domestic violence or associated domestic violence; or (ii) a relevant vehicle incident; - (i) domestic violence or associated domestic violence; or - (ii) a relevant vehicle incident; - (j) a police officer reasonably suspects the person may be able to help in the investigation of an alleged indictable offence because the person was near the place where the alleged offence happened before, when, or soon after it happened; - (k) the person is the person in control of a vehicle that is stationary on a road or has been stopped under section 60 ; - (l) under chapter 17 , a qualified person for performing a forensic procedure is about to perform the forensic procedure on the person; - (m) a police officer is about to give, is giving, or has given a person a police banning notice under chapter 19 , part 5A ; - (n) a police officer is about to give, is giving, or has given a person any of the following under the Peace and Good Behaviour Act 1982 — (i) a public safety order; (ii) a restricted premises order; (iii) a fortification removal order; - (i) a public safety order; - (ii) a restricted premises order; - (iii) a fortification removal order; - (o) a police officer reasonably suspects a person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders. - (i) the person’s identifying particulars under an identifying particulars notice or an order of a court made under section 471 or 514 ; or - (ii) a DNA sample from the person under a DNA sample notice or an order made under section 484 , 485 , 488 or 514 ; - (i) a forensic procedure order or registered corresponding forensic procedure order; or - (ii) a summons; or - (iii) another court document; - (i) domestic violence or associated domestic violence; or - (ii) a relevant vehicle incident; - (i) a public safety order; - (ii) a restricted premises order; - (iii) a fortification removal order;