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Transport Operations (Marine Safety) Act 1994
sec.173Power to require name and address
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### sec.173 Power to require name and address
A shipping inspector may require a person to state the person’s name and address if the inspector—
finds the person committing an offence against this Act; or
finds the person in circumstances that lead, or has information that leads, the inspector to suspect on reasonable grounds the person has just committed an offence against this Act.
When making the requirement, the inspector must warn the person it is an offence to fail to state the person’s name and address, unless the person has a reasonable excuse.
The inspector may require the person to give evidence of the correctness of the person’s name or address if the inspector suspects, on reasonable grounds, that the name or address given is false.
A person must comply with a shipping inspector’s requirement under subsection (1) or (3) , unless the person has a reasonable excuse for not complying with it.
Maximum penalty—40 penalty units.
The person does not commit an offence against this section if—
the shipping inspector required the person to state the person’s name and address on suspicion of the person having committed an offence against this Act; and
the person is not proved to have committed the offence.
s 173 amd 2000 No. 5 s 373 sch 3
(sec.173-ssec.1) A shipping inspector may require a person to state the person’s name and address if the inspector— finds the person committing an offence against this Act; or finds the person in circumstances that lead, or has information that leads, the inspector to suspect on reasonable grounds the person has just committed an offence against this Act.
(sec.173-ssec.2) When making the requirement, the inspector must warn the person it is an offence to fail to state the person’s name and address, unless the person has a reasonable excuse.
(sec.173-ssec.3) The inspector may require the person to give evidence of the correctness of the person’s name or address if the inspector suspects, on reasonable grounds, that the name or address given is false.
(sec.173-ssec.4) A person must comply with a shipping inspector’s requirement under subsection (1) or (3) , unless the person has a reasonable excuse for not complying with it. Maximum penalty—40 penalty units.
(sec.173-ssec.5) The person does not commit an offence against this section if— the shipping inspector required the person to state the person’s name and address on suspicion of the person having committed an offence against this Act; and the person is not proved to have committed the offence.
- (a) finds the person committing an offence against this Act; or
- (b) finds the person in circumstances that lead, or has information that leads, the inspector to suspect on reasonable grounds the person has just committed an offence against this Act.
- (a) the shipping inspector required the person to state the person’s name and address on suspicion of the person having committed an offence against this Act; and
- (b) the person is not proved to have committed the offence.