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s. 9, 30/2000 s. 20, repealed by No. 101/2003 s. 17(5).

S. 218B(1A) inserted by No. 68/1995 s. 46(2), repealed by No. 101/2003 s. 17(5).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(1B)–(1G) inserted by No. 104/1997 s. 34(2), repealed by No. 101/2003 s. 17(5).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