104CRequirement to state name and address or give other information

#### 104C Requirement to state name and address or give other information 104C Requirement to state name and address or give other information > > (1) An authorised officer may require a person whom the officer reasonably suspects has committed an offence under this Act or the regulations to state the person’s full name and place of residence. > > > (2) If an authorised officer suspects on reasonable grounds that the driver of a motor vehicle has committed an offence under this Act or the regulations, the authorised officer may— > > > > > (a) require the driver to do one or more of the following— > > > > > > > (i) produce the driver’s driver licence, > > > > > > > (ii) state the driver’s full name and place of residence, or > > > > > (b) require any of the following persons to give the officer information about the name and place of residence of the driver— > > > > > > > (i) the owner of the vehicle, > > > > > > > (ii) the person in whose name the vehicle is registered, > > > > > > > (iii) the person having custody of the vehicle, or > > > > > (c) require any other person to give the officer information that— > > > > > > > (i) is in the person’s power to give, and > > > > > > > (ii) may help identify the driver. > > > (3) An authorised officer may require a person to give information under subsection (2)(b) or (c) in the form of a written statement signed by the person. > > > (4) A person must not— > > > > > (a) without lawful excuse, refuse or fail to comply with a requirement made of the person under this section, or > > > > > (b) in purported compliance with the requirement, give information or produce a document the person knows to be false or misleading in a material particular. > > > > Maximum penalty—10 penalty units. > > > (5) A person does not commit an offence under subsection (4) if the authorised officer does not, when the officer makes the request— > > > > > (a) show the person the officer’s identification card, or > > > > > (b) warn the person that it is an offence not to comply with the requirement. > > > (6) It is a defence to a prosecution for an offence under subsection (2)(b) if the defendant satisfies the court that the defendant does not know, and cannot with reasonable diligence ascertain, the name or place of residence of the driver, or both. > > > (7) A written statement purporting to be given under subsection (3) that states the name and place of residence of the person who was the driver of the motor vehicle at the time of the commission of an alleged offence and is produced in a court in proceedings for the offence against the person named in the statement as the driver is, if the person named in the statement does not appear before the court, evidence without proof of signature that the person was the driver of the vehicle at that time. > > **s 104C:** Ins 2024 No 67, Sch 2\[70\].