Part IAA
-
Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)
History
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:
4 Review of anti-terrorism laws
(1)
The Council of Australian Governments agreed on 27 September 2005 that the Council would, after 5 years, review the operation of:
(a)
the amendments made by Schedules 1, 3, 4 and 5; and
(b)
certain State laws.
(2)
If a copy of the report in relation to the review is given to the Attorney-General, the Attorney-General must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the Attorney-General receives the copy of the report.
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
Division 3A
-
Powers in relation to terrorist acts and terrorism offences
History
Div 3A (heading) substituted by No 127 of 2010, s 3 and Sch 4 item 1, effective 25 November 2010. The heading formerly read:
Division 3A
-
Powers to stop, question and search persons in relation to terrorist acts
Div 3A inserted by No 144 of 2005, s 3 and Sch 5 item 10, effective 15 December 2005. For review provisions, see note under Part IAA heading in s 3C.
Subdivision B
-
Powers
History
Subdiv B inserted by No 144 of 2005, s 3 and Sch 5 item 10, effective 15 December 2005. For review provisions, see note under Part IAA heading in s 3C.
SECTION 3UC
Requirement to provide name etc.
(1)
A
police officer may request the person to provide the officer with the following
details:
(a)
the person's name;
(b)
the person's residential address;
(c)
the person's reason for being in that
particular Commonwealth place;
(d)
evidence
of the person's identity.
(2)
If
a police officer:
(a)
makes a request under
subsection (1); and
(b)
informs
the person:
(i)
of the officer's authority to make the
request; and
(ii)
that it may be an office not to comply
with the request;
the person commits an offence if:
(c)
the person fails to comply with the request; or
(d)
the person gives a name or address
that is false in a material particular.
Penalty: 20 penalty units.
Note:
A more serious offence of obstructing
a Commonwealth public official may also apply (see section
149.1
of the
Criminal
Code
).
(3)
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 (3) (see subsection
13.3(3)
of
the
Criminal Code
).
History
S 3UC inserted by No 144 of 2005, s 3 and
Sch 5 item 10, effective 15 December 2005. For review provisions, see note
under Part IAA heading in s 3C.