VICIn ForceAct
Terrorism (Community Protection) Act 2003
21OPower to obtain disclosure of identity
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21O Power to obtain disclosure of identity
S. 21O(1) amended by Nos 37/2014 s. 10(Sch. item 167.44(a)), 32/2018 s. 52.
(1) A police officer or protective services officer may request a person whose identity is unknown to the police officer or protective services officer to disclose his or her identity if—
S. 21O(1)(a) amended by Nos 37/2014 s. 10(Sch. item 167.44(a)(ii)), 32/2018 s. 52.
(a) the police officer or protective services officer suspects on reasonable grounds that the person is the target of an authorisation (or the person is found in the company of the target of the authorisation); or
S. 21O(1)(b) amended by Nos 37/2014 s. 10(Sch. item 167.44(a)(ii)), 32/2018 s. 52.
(b) the person is in or on a vehicle that the police officer or protective services officer suspects on reasonable grounds is the target of an authorisation; or
(c) the person is in an area that is the target of an authorisation.
(2) A person who is so requested to disclose his or her identity must not, without reasonable excuse, fail or refuse to comply with the request.
1. 50 penalty units or 12 months imprisonment, or both.
(3) A person must not, without reasonable excuse, in response to any such request—
(a) give a name that is false in a material particular; or
(b) give an address other than the person's full and correct address.
1. 50 penalty units or 12 months imprisonment, or both.
S. 21O(4) amended by Nos 37/2014 s. 10(Sch. item 167.44(b)), 32/2018 s. 52.
(4) A police officer or protective services officer may request a person who is requested under this section to disclose his or her identity to provide proof of his or her identity.
S. 21O(5) amended by Nos 37/2014 s. 10(Sch. item 167.44(b)), 32/2018 s. 52.
(5) A police officer or protective services officer may detain a person for so long as is reasonably necessary for the purposes of this section.
S. 21P inserted by No. 5/2006 s. 5.