41Refusing to give name and address, &c.

### 41 Refusing to give name and address, &c. > *\[Section 41 Substituted by No. 34 of 1981, s. 4 \]* > > > (1)  [*\[Section 41 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja26@GC10@EN) *\[Section 41 Subsection (1) amended by No. 86 of 1995, s. 8 \]*A person who, when required by a police officer or an authorised officer in the execution of his duty under this Act or the [Vehicle and Traffic Act 1999](/view/html/inforce/2026-04-12/act-1999-070)  – > > > > > > (a) to give that person's name, age, or the address of his place of residence; or > > > > > > > (ab) [*\[Section 41 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja26@GC11@Hpa@EN) where that person is the owner or registered operator of a vehicle, to give – > > > > > > > > > > (i) the name and address of the place of residence of any person who on a specified occasion was the driver of the vehicle; or > > > > > > > > > > > (ii) [*\[Section 41 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja26@GC11@Hpb@EN) if that person held an Australian driver licence, the number of the licence and the State or Territory in which it was issued; or > > > > > > > (b) [*\[Section 41 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja26@GC11@Hpd@EN) [*\[Section 41 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja26@GC11@Hpc@EN) where that person is the driver of a vehicle and is not the owner or registered operator of the vehicle – to give the name and the address of the place of residence of the owner or registered operator of the vehicle – > > > > fails or refuses to do so, or gives particulars which he knows are likely to mislead the police officer or authorised officer, is guilty of an offence against this Act. > > > (2)  [*\[Section 41 Subsection (2) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja26@GC11@Hpe@EN) *\[Section 41 Subsection (2) amended by No. 86 of 1995, s. 8 \]*Where a request is made of a person by a police officer or authorised officer under [subsection (1)](#GS41@Gs1@EN) [(ab)](#GS41@Gs1@Hpab@EN) or [(b)](#GS41@Gs1@Hpb@EN) , that person is not guilty of an offence under this Act by reason of his failure to give the name and address of the place of residence of the owner or registered operator of the vehicle he is driving if he proves to the satisfaction of the court before which he is prosecuted for that offence that he did not know, and could not with reasonable diligence have ascertained and given, the particulars requested. > > > (3)  A police officer may arrest a person without warrant if that person, in response to a request made by the officer under [subsection (1)(a)](#GS41@Gs1@Hpa@EN)  – > > > > > > (a) refuses to give his name or the address of his place of residence; or > > > > > > > (b) gives a name or an address of a place of residence that the officer has reasonable grounds for believing is false or misleading. > > > (4)  [*\[Section 41 Subsection (4) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja26@GC11@Hpf@EN) *\[Section 41 Subsection (4) substituted by No. 86 of 1995, s. 8 \]*A police officer or authorised officer in the execution of his or her duty under this Act or the [Vehicle and Traffic Act 1999](/view/html/inforce/2026-04-12/act-1999-070) may require a person giving particulars under this section – > > > > > > (a) to sign his or her name; or > > > > > > > (b) to provide any such particulars in writing supported by statutory declaration – > > > > and a person who fails to comply with any such requirement is guilty of an offence against this Act. > > > (5)  *\[Section 41 Subsection (5) inserted by No. 86 of 1995, s. 8 \]*In the application of [subsection (4)](#GS41@Gs4@EN) to a body corporate, the statutory declaration is to be made by – > > > > > > (a) a director, secretary or manager of the body corporate; or > > > > > > > (b) any other person who, in the opinion of the police officer or authorised officer – > > > > > > > > > > (i) substantially controls its affairs; or > > > > > > > > > > > (ii) is able to provide any information relating to the use of the vehicle at the time of the alleged offence.