218BPower to require names and addresses

218B Power to require names and addresses S. 218B(1) amended by No. 68/1995 s. 46(1), substituted by Nos 28/1996 s. 9, 30/2000 s. 20, repealed by No. 101/2003 s. 17(5). S. 218B(1A) inserted by No. 68/1995 s. 46(2), repealed by No. 101/2003 s. 17(5). S. 218B (1B)–(1G) inserted by No. 104/1997 s. 34(2), repealed by No. 101/2003 s. 17(5). S. 218B(2) amended by Nos 52/2010 s. 34(1), 43/2011 s. 57(1), 37/2014 s. 10(Sch. item 171.9). (2) An authorised officer, a protective services officer on duty at a designated place or a police officer may request a person to state his or her name and address if the officer believes on reasonable grounds that the person has committed or is about to commit an offence against this Act or the regulations or against the **Graffiti Prevention Act 2007**. S. 218B(2A) inserted by No. 98/1998 s. 31 (as amended by No. 45/1999 s. 43(2)), amended by No. 101/2003 s. 17(6). (2A) Despite anything to the contrary in subsection (2), an authorised officer who is authorised under section 221AB may only make a request under that subsection if the authorised officer believes on reasonable grounds that the person has committed or is about to commit an offence against this Part or against any regulation made under this Part or section 56 or 249B. S. 218B(3) substituted by No. 95/2005 s. 40(1), amended by No. 43/2011 s. 57(2)(3), substituted by No. 37/2014 s. 10(Sch. item 171.10). (3) An authorised officer, protective services officer or police officer who makes a request under subsection (2)— (a) must inform the person of the grounds for his or her belief in sufficient detail to allow the person to understand the nature of the offence or suspected offence; and (b) must, except in the case of a police officer or protective services officer who is in uniform— (i) inform the person that he or she is an authorised officer, protective services officer or police officer; and (ii) state his or her name; and (iii) produce for inspection by the person proof that he or she is an authorised officer, protective services officer or police officer; and (c) must inform the person that a failure to comply with the request, or the provision of a false name or address, is an offence. S. 218B(4) amended by Nos 32/2002 s. 21(1), 43/2011 s. 57(4), 37/2014 s. 10(Sch. item 171.11). (4) A person must not, in response to a request made under subsection (2) by an authorised officer, protective services officer or police officer in accordance with this section— (a) refuse or fail to comply with the request; or (b) state a name that is false in a material particular; or (c) state an address other than the full and correct address of his or her ordinary place of residence or business. Penalty applying to this subsection: 5 penalty units. S. 218B(5) substituted by No. 95/2005 s. 40(2), amended by Nos 43/2011 s. 57(4), 37/2014 s. 10(Sch. item 171.11). (5) Despite subsection (4), it is not an offence for a person to fail to comply with a request made under subsection (2) if the authorised officer, protective services officer or police officer did not fully comply with subsection (3)(b) or (3)(c) in making the request. S. 218B(6) substituted by No. 95/2005 s. 40(3), amended by No. 37/2014 s. 10(Sch. item 171.12). (6) If a person states a name and address in response to a request made under subsection (2), the officer may request the person to provide evidence of the correctness of the name and address. S. 218B(6A) inserted by No. 32/2002 s. 21(2), repealed by No. 95/2005 s. 40(3). S. 218B(6B) inserted by No. 32/2002 s. 21(2), amended by No. 47/2006 s. 15(1)(a). (6B) A person must comply with a request made under subsection (6), unless he or she has a reasonable excuse for not doing so. S. 218B(6C) inserted by No. 32/2002 s. 21(2), amended by Nos 47/2006 s. 15(1)(b), 43/2011 s. 57(4), 37/2014 s. 10(Sch. item 171.13). (6C) It is not an offence for a person to fail to comply with a request made under subsection (6) if the authorised officer, protective services officer or police officer did not inform the person, at the time the request was made, that it is an offence to fail to comply with the request. S. 218B(6D) inserted by No. 32/2002 s. 21(2), amended by Nos 47/2006 s. 15(1)(c), 43/2011 s. 57(4), 37/2014 s. 10(Sch. item 171.14). (6D) An authorised officer, protective services officer or a police officer must not divulge to any other person or use for any purpose any information received by the officer in response to a request made under subsection (6), except— (a) in connection with the administration of this Act or the regulations; or S. 218B(6D)(b) amended by No. 47/2006 s. 15(2)(a). (b) for the purposes of any legal proceedings arising out of this Act or the regulations, or of any report of such proceedings; or S. 218B(6D)(c) inserted by No. 47/2006 s. 15(2)(b). (c) for the purposes of discharging the law enforcement functions of the Sheriff; or S. 218B(6D)(d) inserted by No. 47/2006 s. 15(2)(b). (d) for any other law enforcement purposes. S. 218B(7) inserted by No. 60/1994 s. 24(4). (7) This section is subject to section 215B(8). S. 219 amended by Nos 100/1986 s. 33(a)(b), 25/1989 s. 45(a)-(d), 44/1989 s. 40(Sch. 1 items 7.2, 18, 19.1), 57/1989 s. 3(Sch. items 202.14–202.16), substituted by No. 28/1996 s. 10.