Customs Act 1901

PART XII - OFFICERS  

Division 1 - Powers of officers  

Subdivision E - Provisions applicable both to search and seizure warrants  

SECTION 203HA   REQUIREMENTS TO PROVIDE NAME OR ADDRESS ETC.  

203HA(1)   Request to provide name or address etc.  

If:

(a) a search warrant or seizure warrant in relation to premises is being executed; and

(b) the designated warrant officer believes on reasonable grounds that a person who is at or near the premises may be able to assist the officer in the execution of the warrant; the officer may request the person to provide his or her name or address, or name and address, to the officer.

203HA(2)   Offence - person ' s refusal or failure to comply with request etc.  

A person commits an offence if:

(a) a designated warrant officer:

(i) has made a request of the person under subsection (1); and

(ii) has informed the person of the reason for the request; and

(iii) has complied with any request that the person has made under paragraph (4)(b); and

(b) the person refuses or fails to comply with the request, or gives a name or address that is false in a material particular.

Penalty: 5 penalty units.

203HA(3)   [ Exception]  

Subsection (2) does not apply if the person has a reasonable excuse.

A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code ).

203HA(4)   Offence - designated warrant officer ' s refusal or failure to comply with request etc.  

A designated warrant officer commits an offence if:

(a) the officer makes a request of a person under subsection (1); and

(b) the person requests the officer to provide to the person:

(i) his or her name or the address of his or her place of duty; or

(ii) his or her name and that address; or

(iii) if the officer is not in uniform and it is practicable for the officer to provide the evidence - evidence that he or she is an officer; and

(c) the officer refuses or fails to comply with the request, or gives a name or address that is false in a material particular.

Penalty: 5 penalty units.

203HA(5)   Definition  

In this section:

designated warrant officer
in relation to a search warrant or seizure warrant, means:

(a) the executing officer; or

(b) a person who is an authorised person and who is assisting in the execution of the warrant.