Crimes Act 1914

Part IAA heading substituted by No 116 of 2014, s 3 and Sch 1 item 39, effective 1 December 2014. Part IAA (heading) formerly read:

Part IAA - Search, information gathering, arrest and related powers

Part IAA (heading) substituted by No 144 of 2005, s 3 and Sch 5 item 1, effective 15 December 2005. No 144 of 2005, s 4 contains the following review provisions:

Part IAA (heading) formerly read:

Part IAA - Search warrants and powers of arrest

Part IAA (heading) substituted by No 41 of 2003, s 3 and Sch 3 item 3, effective 3 June 2003. For saving provision, see note under s 23C(7). The heading formerly read:

Part 1AA - Search warrants and powers of arrest

Div 3B substituted by No 89 of 2019, s 3 and Sch 1 item 1, effective 28 April 2020.

Div 3B inserted by No 167 of 2012, s 3 and Sch 2 item 8, applicable in relation to persons reasonably suspected of offences whether the offences are suspected of having been committed before, on or after 29 November 2012.

S 3UN substituted by No 89 of 2019, s 3 and Sch 1 item 1, effective 28 April 2020. S 3UN formerly read:

SECTION 3UN Identity information at airports - offences relating to section 3UM  
Offence by suspect

(1)
A person commits an offence if:

(a) a constable makes a request of the person under subsection 3UM(3); and

(b) the person fails to comply with the request; and

(c) the constable complies with subsection 3UM(4).

Penalty: 20 penalty units.

Note:

The following more serious offences may also apply:

(a) giving false or misleading information (see section 137.1 of the Criminal Code );

(b) producing a false or misleading document (see section 137.2 of the Criminal Code );

(c) obstructing a Commonwealth public official (see section 149.1 of the Criminal Code ).

(2)
Strict liability applies to paragraphs (1)(a) and (c).

Note:

For strict liability, see section 6.1 of the Criminal Code .

Offence by constable

(3)
A person commits an offence if:

(a) the person is subject to a requirement under subsection 3UM(4); and

(b) the person engages in conduct; and

(c) the conduct breaches the requirement.

Penalty: 5 penalty units.

(4)
In this section:

engage in conduct
means:

(a) do an act; or

(b) omit to perform an act.

S 3UN inserted by No 167 of 2012, s 3 and Sch 2 item 8, applicable in relation to persons reasonably suspected of offences whether the offences are suspected of having been committed before, on or after 29 November 2012.