Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Act 2012 (167 of 2012)

Schedule 2   Identity crime and air travel

Part 2   False identity and air travel

Crimes Act 1914

8   After Division 3A of Part IAA

Insert:

Division 3B - Powers to require identity information at airports

3UL Definitions - Division 3B

In this Division:

constitutional airport means:

(a) a Commonwealth aerodrome within the meaning of the Crimes (Aviation) Act 1991 (see section 3 of that Act); or

(b) another airport, if the airport is in a Territory.

government photographic identity document means an identity document providing photographic identification of a person that is issued by:

(a) the government of the Commonwealth or a State or Territory; or

(b) the government of a foreign country or part of a foreign country.

identity document :

(a) means a document (such as a driver's licence, birth certificate, credit card or identity card) that evidences or indicates, or can be used to evidence or indicate, a person's identity or any aspect of a person's identity; but

(b) does not include a document prescribed by regulation for the purposes of this definition.

3UM Identity information at airports - requirements

Scope of section

(1) A constable may make a request under this section of a person (a suspect ) if:

(a) the request is made at a constitutional airport; and

(b) the constable reasonably suspects that the suspect has committed, is committing or intends to commit an offence against a law of the Commonwealth, or a law of a State or Territory, punishable by imprisonment for 12 months or more.

(2) A constable may also make a request under this section of a person (a suspect ) if:

(a) the request is made at an airport other than a constitutional airport; and

(b) the constable reasonably suspects that the suspect has committed, is committing or intends to commit an offence against a law of the Commonwealth punishable by imprisonment for 12 months or more.

Evidence of identity

(3) The constable may request the suspect to give the constable evidence of the suspect's identity by:

(a) producing a government photographic identity document issued in relation to the suspect, if held by the suspect; and

(b) if the suspect does not produce a government photographic identity document as requested under paragraph (a) - producing another identity document in relation to the suspect, if held by the suspect; and

(c) if the suspect does not produce an identity document as requested under paragraph (a) or (b) - giving the constable the suspect's name and address.

Constable's duties

(4) The constable must, before making a request under subsection (3):

(a) if the constable is not in uniform:

(i) show the suspect evidence that the constable is a constable; and

(ii) if the suspect requests - comply with subsection (5); and

(b) in any case - inform the suspect that it may be an offence not to comply with the request, or to give the constable a false or misleading document, or false or misleading information, in response to the request.

(5) If the constable is not in uniform, the constable must give the suspect any of the following information if requested by the suspect:

(a) the constable's name;

(b) the address of the constable's place of duty;

(c) the constable's identification number (if any);

(d) if the constable has no identification number - the constable's rank.

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.