QLDIn ForceAct
Transport Infrastructure Act 1994
sec.475YPower to require name and address
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### sec.475Y Power to require name and address
This section applies if—
an authorised person finds a person committing an offence against a waterway management regulation; or
an authorised person finds a person in circumstances that lead, or has information about a person that leads, the authorised person to reasonably suspect the person has just committed an offence against a waterway management regulation.
The authorised person may require the person to state the person’s name and residential address.
When making the requirement, 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 also require the person to give evidence of the correctness of the stated name or residential address if the authorised person reasonably suspects the stated name or address is false.
A person of whom a requirement is made under subsection (2) or (4) must comply with the requirement unless the person has a reasonable excuse.
Maximum penalty—20 penalty units.
A person does not commit an offence against subsection (5) if—
the requirement was given because the authorised person reasonably suspected the person had committed an offence; and
the person is not proved to have committed the offence.
s 475Y ins 2009 No. 47 s 14
amd 2012 No. 38 s 110
(sec.475Y-ssec.1) This section applies if— an authorised person finds a person committing an offence against a waterway management regulation; or an authorised person finds a person in circumstances that lead, or has information about a person that leads, the authorised person to reasonably suspect the person has just committed an offence against a waterway management regulation.
(sec.475Y-ssec.2) The authorised person may require the person to state the person’s name and residential address.
(sec.475Y-ssec.3) When making the requirement, 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.475Y-ssec.4) The authorised person may also require the person to give evidence of the correctness of the stated name or residential address if the authorised person reasonably suspects the stated name or address is false.
(sec.475Y-ssec.5) A person of whom a requirement is made under subsection (2) or (4) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—20 penalty units.
(sec.475Y-ssec.6) A person does not commit an offence against subsection (5) if— the requirement was given because the authorised person reasonably suspected the person had committed an offence; and the person is not proved to have committed the offence.
- (a) an authorised person finds a person committing an offence against a waterway management regulation; or
- (b) an authorised person finds a person in circumstances that lead, or has information about a person that leads, the authorised person to reasonably suspect the person has just committed an offence against a waterway management regulation.
- (a) the requirement was given because the authorised person reasonably suspected the person had committed an offence; and
- (b) the person is not proved to have committed the offence.