Customs Act 1901
View history note
Hide history note(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) DefinitionIn 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.
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