New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 341

341 Powers relating to identity

(1) A police officer who intends to issue a penalty notice, under this Part, to a person whose name or address is, or name and address are, unknown to the officer may request the person to state his or her name or address (or both).

(2) A police officer may make a request under subsection (1) only if at the time of making the request the police officer--

(a) provides evidence to the person that he or she is a police officer (unless the police officer is in uniform), and

(b) provides his or her name and place of duty, and

(c) informs the person of the reason for the request, and

(d) warns the person that failure to comply with the request may be an offence.

(3) A person must not, without reasonable excuse, (proof of which lies on the person), in response to a request made by a police officer in accordance with subsections (1) and (2)--

(a) fail or refuse to comply with the request, or

(b) state a name that is false in a material particular, or

(c) state an address other than the full and correct address of his or her residence.

: Maximum penalty--2 penalty units.

(4) A police officer may request a person to provide proof of the person's name and address.

(5) Nothing in this section limits any functions that police officers may have apart from this section.