sec.42Power for age-related offences and for particular motor vehicle related purposes

### sec.42 Power for age-related offences and for particular motor vehicle related purposes This section applies if— a person is at a place and the age of the person is relevant to the person’s entitlement to be at the place; or a person is engaging in an activity and the age of the person is relevant to the person’s entitlement to engage in the activity; or the person’s age is relevant to any of the following— giving a notice in relation to a motor vehicle impounded or immobilised under chapter 4 ; giving a noise abatement direction in relation to excessive noise emitted by a motorbike being driven on a place other than a road; the making of an application for an impounding order or a forfeiture order under chapter 4 ; the making of an application under section 589 for a noise abatement order; deciding whether a person is driving a motor vehicle in contravention of a provision of a regulation made under the Road Use Management Act that restricts the number of passengers below a stated age who may be in a motor vehicle while the person is driving it (a regulation restriction ); deciding whether another person is contravening the Tobacco and Other Smoking Products Act 1998 , section 117 ; giving a person a police banning notice under chapter 19 , part 5A . The age of a person is relevant to a person’s entitlement to be on licensed premises. The age of a person is relevant to a person’s entitlement to play a gaming machine at a casino or a club. A police officer may require a person to state the person’s correct date of birth, whether or not when requiring the person to state the person’s correct name and address. Also, the police officer may require the person to give evidence of the correctness of the stated date of birth if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated date of birth or to otherwise be able to give the evidence. If a police officer asks a person to give evidence of the person’s date of birth and is not satisfied the person is old enough to be at the place or to engage in the activity, the police officer may direct the person— to immediately leave the place, or the part of the place in which the person’s age is relevant, and not re-enter it; or not to engage in the activity. The police officer may not be satisfied the person is old enough to be at a place because of the person’s apparent age if— the person fails to provide evidence of the stated date of birth; or the police officer reasonably suspects a document purporting to establish the person’s identity and stating a date of birth does not belong to the person. A passenger in a motor vehicle does not commit an offence against section 791 if the passenger was required to state the passenger’s correct date of birth for a reason mentioned in subsection (1) (c) (v) and the driver of the motor vehicle at the time of the alleged offence is not proved to have contravened a regulation restriction. A person in a motor vehicle does not commit an offence against section 791 if the person was required to state the person’s correct date of birth for deciding whether another person is contravening the Tobacco and Other Smoking Products Act 1998 , section 117 , and the other person is not proved to have contravened the section. s 42 amd 2005 No. 64 s 4 ; 2007 No. 27 s 9 ; 2009 No. 44 s 144 ; 2013 No. 45 s 58 ; 2013 No. 15 s 80 sch ; 2014 No. 42 s 105 ; 2016 No. 62 s 493 s ch 1 pt 2 ; 2020 No. 7 s 22 ; 1998 No. 1 s 240(3) (amd 2023 No. 16 s 64); 2024 No. 24 s 57 sch 1 pt 2 (sec.42-ssec.1) This section applies if— a person is at a place and the age of the person is relevant to the person’s entitlement to be at the place; or a person is engaging in an activity and the age of the person is relevant to the person’s entitlement to engage in the activity; or the person’s age is relevant to any of the following— giving a notice in relation to a motor vehicle impounded or immobilised under chapter 4 ; giving a noise abatement direction in relation to excessive noise emitted by a motorbike being driven on a place other than a road; the making of an application for an impounding order or a forfeiture order under chapter 4 ; the making of an application under section 589 for a noise abatement order; deciding whether a person is driving a motor vehicle in contravention of a provision of a regulation made under the Road Use Management Act that restricts the number of passengers below a stated age who may be in a motor vehicle while the person is driving it (a regulation restriction ); deciding whether another person is contravening the Tobacco and Other Smoking Products Act 1998 , section 117 ; giving a person a police banning notice under chapter 19 , part 5A . The age of a person is relevant to a person’s entitlement to be on licensed premises. The age of a person is relevant to a person’s entitlement to play a gaming machine at a casino or a club. (sec.42-ssec.2) A police officer may require a person to state the person’s correct date of birth, whether or not when requiring the person to state the person’s correct name and address. (sec.42-ssec.3) Also, the police officer may require the person to give evidence of the correctness of the stated date of birth if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated date of birth or to otherwise be able to give the evidence. (sec.42-ssec.4) If a police officer asks a person to give evidence of the person’s date of birth and is not satisfied the person is old enough to be at the place or to engage in the activity, the police officer may direct the person— to immediately leave the place, or the part of the place in which the person’s age is relevant, and not re-enter it; or not to engage in the activity. The police officer may not be satisfied the person is old enough to be at a place because of the person’s apparent age if— the person fails to provide evidence of the stated date of birth; or the police officer reasonably suspects a document purporting to establish the person’s identity and stating a date of birth does not belong to the person. (sec.42-ssec.5) A passenger in a motor vehicle does not commit an offence against section 791 if the passenger was required to state the passenger’s correct date of birth for a reason mentioned in subsection (1) (c) (v) and the driver of the motor vehicle at the time of the alleged offence is not proved to have contravened a regulation restriction. (sec.42-ssec.6) A person in a motor vehicle does not commit an offence against section 791 if the person was required to state the person’s correct date of birth for deciding whether another person is contravening the Tobacco and Other Smoking Products Act 1998 , section 117 , and the other person is not proved to have contravened the section. - (a) a person is at a place and the age of the person is relevant to the person’s entitlement to be at the place; or - (b) a person is engaging in an activity and the age of the person is relevant to the person’s entitlement to engage in the activity; or - (c) the person’s age is relevant to any of the following— (i) giving a notice in relation to a motor vehicle impounded or immobilised under chapter 4 ; (ii) giving a noise abatement direction in relation to excessive noise emitted by a motorbike being driven on a place other than a road; (iii) the making of an application for an impounding order or a forfeiture order under chapter 4 ; (iv) the making of an application under section 589 for a noise abatement order; (v) deciding whether a person is driving a motor vehicle in contravention of a provision of a regulation made under the Road Use Management Act that restricts the number of passengers below a stated age who may be in a motor vehicle while the person is driving it (a regulation restriction ); (vi) deciding whether another person is contravening the Tobacco and Other Smoking Products Act 1998 , section 117 ; (vii) giving a person a police banning notice under chapter 19 , part 5A . - (i) giving a notice in relation to a motor vehicle impounded or immobilised under chapter 4 ; - (ii) giving a noise abatement direction in relation to excessive noise emitted by a motorbike being driven on a place other than a road; - (iii) the making of an application for an impounding order or a forfeiture order under chapter 4 ; - (iv) the making of an application under section 589 for a noise abatement order; - (v) deciding whether a person is driving a motor vehicle in contravention of a provision of a regulation made under the Road Use Management Act that restricts the number of passengers below a stated age who may be in a motor vehicle while the person is driving it (a regulation restriction ); - (vi) deciding whether another person is contravening the Tobacco and Other Smoking Products Act 1998 , section 117 ; - (vii) giving a person a police banning notice under chapter 19 , part 5A . - (i) giving a notice in relation to a motor vehicle impounded or immobilised under chapter 4 ; - (ii) giving a noise abatement direction in relation to excessive noise emitted by a motorbike being driven on a place other than a road; - (iii) the making of an application for an impounding order or a forfeiture order under chapter 4 ; - (iv) the making of an application under section 589 for a noise abatement order; - (v) deciding whether a person is driving a motor vehicle in contravention of a provision of a regulation made under the Road Use Management Act that restricts the number of passengers below a stated age who may be in a motor vehicle while the person is driving it (a regulation restriction ); - (vi) deciding whether another person is contravening the Tobacco and Other Smoking Products Act 1998 , section 117 ; - (vii) giving a person a police banning notice under chapter 19 , part 5A . - 1 The age of a person is relevant to a person’s entitlement to be on licensed premises. - 2 The age of a person is relevant to a person’s entitlement to play a gaming machine at a casino or a club. - (a) to immediately leave the place, or the part of the place in which the person’s age is relevant, and not re-enter it; or - (b) not to engage in the activity. - (a) the person fails to provide evidence of the stated date of birth; or - (b) the police officer reasonably suspects a document purporting to establish the person’s identity and stating a date of birth does not belong to the person.