Rail Safety National Law (Queensland)
sec.168Power to require name and address
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sec.168 Power to require name and address
A rail safety officer may require a person to provide the person’s name and residential address if— the officer finds the person committing an offence against this Law; or 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 the officer reasonably believes that the person may be able to assist in the investigation of an offence against this Law. When asking a person to provide the person’s name and residential address, the rail safety officer must— tell the person the reason for the requirement to provide the person’s name and residential address; and warn the person that it is an offence to fail to state that name and residential address, unless the person has a reasonable excuse. 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. A person must not, without reasonable excuse, fail to comply with a requirement under subsection (1) or (3) . Maximum penalty: $5 000. Subsection (4) places an evidential burden on the accused to show a reasonable excuse. (sec.168-ssec.1) A rail safety officer may require a person to provide the person’s name and residential address if— the officer finds the person committing an offence against this Law; or 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 the officer reasonably believes that the person may be able to assist in the investigation of an offence against this Law. (sec.168-ssec.2) When asking a person to provide the person’s name and residential address, the rail safety officer must— tell the person the reason for the requirement to provide the person’s name and residential address; and warn the person that it is an offence to fail to state that name and residential address, unless the person has a reasonable excuse. (sec.168-ssec.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. (sec.168-ssec.4) A person must not, without reasonable excuse, fail to comply with a requirement under subsection (1) or (3) . Maximum penalty: $5 000. (sec.168-ssec.5) Subsection (4) places an evidential burden on the accused to show a reasonable excuse.
- (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.