sec.85Power to ask name and address

### sec.85 Power to ask name and address This section applies if a security officer finds a person on the site— committing an offence against this Act; or in circumstances that lead, or has information that leads, the security officer to suspect on reasonable grounds that the person has just committed, or is committing, an offence against this Act. A security officer finds a person on the site, and has information to suspect on reasonable grounds that the person has remained on, or re-entered the site, in contravention of an exclusion order or direction. The security officer may ask the person to state the person’s name and address. When making the request, the security officer must warn the person that it is an offence to fail to state the person’s name or address, unless the person has a reasonable excuse. The security officer may ask the person to give evidence of the correctness of the stated name or address if the security officer suspects, on reasonable grounds, the stated name or address is false. A person must comply with a request under subsection (2) or (4) , unless the person has a reasonable excuse. Maximum penalty—10 penalty units. A person does not commit an offence against this section if— the person was asked to state the person’s name and address by a security officer who suspected the person had committed an offence against this Act; and the person is not proved to have committed the offence. s 85 ins 1995 No. 46 s 5 amd 2000 No. 5 s 461 sch 3 (sec.85-ssec.1) This section applies if a security officer finds a person on the site— committing an offence against this Act; or in circumstances that lead, or has information that leads, the security officer to suspect on reasonable grounds that the person has just committed, or is committing, an offence against this Act. A security officer finds a person on the site, and has information to suspect on reasonable grounds that the person has remained on, or re-entered the site, in contravention of an exclusion order or direction. (sec.85-ssec.2) The security officer may ask the person to state the person’s name and address. (sec.85-ssec.3) When making the request, the security officer must warn the person that it is an offence to fail to state the person’s name or address, unless the person has a reasonable excuse. (sec.85-ssec.4) The security officer may ask the person to give evidence of the correctness of the stated name or address if the security officer suspects, on reasonable grounds, the stated name or address is false. (sec.85-ssec.5) A person must comply with a request under subsection (2) or (4) , unless the person has a reasonable excuse. Maximum penalty—10 penalty units. (sec.85-ssec.6) A person does not commit an offence against this section if— the person was asked to state the person’s name and address by a security officer who suspected the person had committed an offence against this Act; and the person is not proved to have committed the offence. - (a) committing an offence against this Act; or - (b) in circumstances that lead, or has information that leads, the security officer to suspect on reasonable grounds that the person has just committed, or is committing, an offence against this Act. Example of paragraph (b) — A security officer finds a person on the site, and has information to suspect on reasonable grounds that the person has remained on, or re-entered the site, in contravention of an exclusion order or direction. - (a) the person was asked to state the person’s name and address by a security officer who suspected the person had committed an offence against this Act; and - (b) the person is not proved to have committed the offence.