Tobacco and Other Smoking Products Act 1998
sec.191Power to require name and address
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sec.191 Power to require name and address
This section applies if— an authorised person finds a person committing an offence against this Act; or an authorised person finds a person in circumstances that lead, or has information that leads, the authorised person to reasonably suspect the person or the person’s employer has just committed an offence against this Act. The authorised person may require the person to state the person’s name and residential address. When making the requirement under subsection (2) , the authorised person must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse. The authorised person may require the person to give evidence of the correctness of the person’s stated name or residential address if the authorised person reasonably suspects the stated name or address is false. See the Transport Planning and Coordination Act 1994 , sections 29AH and 29AI for the use of a digital authority, a digital evidence of age or a digital evidence of identity. A person must comply with a requirement under subsection (2) or (4) , unless the person has a reasonable excuse. Maximum penalty—50 penalty units. The person does not commit an offence against subsection (5) if— the person was required to state the person’s name and address by an authorised person who suspected the person or the person’s employer had committed an offence against this Act; and the person or the person’s employer is not proved to have committed the offence. s 191 amd 2001 No. 20 s 34 ; 2020 No. 21 s 29 (sec.191-ssec.1) This section applies if— an authorised person finds a person committing an offence against this Act; or an authorised person finds a person in circumstances that lead, or has information that leads, the authorised person to reasonably suspect the person or the person’s employer has just committed an offence against this Act. (sec.191-ssec.2) The authorised person may require the person to state the person’s name and residential address. (sec.191-ssec.3) When making the requirement under subsection (2) , the authorised person must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse. (sec.191-ssec.4) The authorised person may require the person to give evidence of the correctness of the person’s stated name or residential address if the authorised person reasonably suspects the stated name or address is false. See the Transport Planning and Coordination Act 1994 , sections 29AH and 29AI for the use of a digital authority, a digital evidence of age or a digital evidence of identity. (sec.191-ssec.5) A person must comply with a requirement under subsection (2) or (4) , unless the person has a reasonable excuse. Maximum penalty—50 penalty units. (sec.191-ssec.6) The person does not commit an offence against subsection (5) if— the person was required to state the person’s name and address by an authorised person who suspected the person or the person’s employer had committed an offence against this Act; and the person or the person’s employer is not proved to have committed the offence.