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CRIMES ACT 1914 SECT 3V
3V Requirement to furnish name etc.
- (1)
- If a constable believes on reasonable grounds that a
person whose name or address is, or whose name and address
are, unknown to the constable may be able to assist the
constable in inquiries in relation to an indictable
offence that the constable has reason to believe has been
or may have been committed, the constable may request the
person to provide his or her name or address, or name and
address, to the constable.
- (2)
- If a constable:
- (a)
- makes a request of a person under subsection (1);
and
- (b)
- informs the person of the reason for the request;
and
- (c)
- complies with subsection (3) if the person
makes a request under that subsection;
the person must not:
- (d)
- refuse or fail to comply with the request; or
- (e)
- give a name or address that is false in a material
particular.
- (2A)
- Subsection (2) does not apply if the person has a
reasonable excuse.
Note: A defendant bears an evidential
burden in relation to the matter in subsection (2A)
(see subsection
13.3(3) of the Criminal Code ).
- (3)
- If a constable who makes a request of a person under
subsection (1) is requested by the person to provide
to the person:
- (a)
- his or her name or the address of his or her place
of duty; or
- (b)
- his or her name and that address; or
- (c)
- if he or she is not in uniform and it is practicable
for the constable to provide the evidence—evidence
that he or she is a constable;
the constable must not:
- (d)
- refuse or fail to comply with the request; or
- (e)
- give a name or address that is false in a material
particular.
Penalty: 5 penalty units.
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