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

SECTION 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.

S 3UM 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.