168Power to require name and address

168 Power to require name and address

168 Power to require name and address

(1) A rail safety officer may require a person to provide the person’s name and residential address if—

(a) the officer finds the person committing an offence against this Law; or

(b) the officer finds the person in circumstances that lead, or has information that leads, the officer to reasonably suspect the person has committed an offence against this Law; or

(c) the officer reasonably believes that the person may be able to assist in the investigation of an offence against this Law.

(2) When asking a person to provide the person’s name and residential address, the rail safety officer must—

(a) tell the person the reason for the requirement to provide the person’s name and residential address; and

(b) warn the person that it is an offence to fail to state that name and residential address, unless the person has a reasonable excuse.

(3) If the rail safety officer reasonably believes that the name or residential address is false, the officer may require the person to give evidence of its correctness.

(4) A person must not, without reasonable excuse, fail to comply with a requirement under subsection (1) or (3).

Maximum penalty—$5 000.

(5) Subsection (4) places an evidential burden on the accused to show a reasonable excuse.