Western Australian Current Acts Western Australian Current Acts (1) In this section
—
face covering means an item of clothing, hat,
helmet, mask or sunglasses, or any other thing worn by a person, that totally
or partially covers the person’s face;
personal details , in relation to a person, means
—
(a) the
person’s full name;
(b) the
person’s date of birth;
(c) the
address of where the person is living;
(d) the
address of where the person usually lives.
(2) If an officer
reasonably suspects that a person whose personal details are unknown to the
officer —
(a) has
committed or is committing or is about to commit an offence; or
(b) may
be able to assist in the investigation of an offence or a suspected offence,
the officer may
request the person to give the officer any or all of the person’s
personal details.
(3) If an officer
reasonably suspects that a personal detail given by a person in response to a
request is false, the officer may request the person to produce evidence of
the correctness of the detail.
(4A) If —
(a) an
officer makes a request to a person under subsection (2); or
(b) a
police officer requests or requires a person to give the police officer, under
another written law and for a forensic purpose, any or all of the
person’s personal details,
the officer may
request the person —
(c) to
remove or adjust any face covering worn by the person; or
(d) to
do any other thing reasonably necessary,
to enable the officer
to see the person’s face or verify the correctness of any personal
detail, or any evidence of any personal detail, given by the person.
(4B) It is sufficient
compliance with a request made under subsection (4A)(c) if only so much of the
person’s face covering that totally or partially covers the
person’s face is removed or adjusted.
(4C) If an officer
makes a request to a person under this section, the officer may detain the
person for a reasonable period for the purpose of the person’s
compliance with the request or to verify the correctness of any personal
detail, or any evidence of any personal detail, given by the person.
(4) A person to whom a
request is made under subsection (2), (3) or (4A) may request the officer
making the request to identify himself or herself.
(5) An officer who is
requested by a person to identify himself or herself must do so.
(6) A person who,
without reasonable excuse, does not comply with a request made under
subsection (2), (3) or (4A) commits an offence.
Penalty: Imprisonment for 12 months.
(7) For the purposes
of subsection (6), the fact that an officer did not comply with subsection (5)
as soon as practicable is a reasonable excuse.
(8) A person who, in
response to a request made under subsection (2), gives any false personal
details commits an offence.
Penalty: Imprisonment for 12 months.
(9) A person who, in
response to a request made under subsection (3), produces any false evidence
commits an offence.
Penalty: Imprisonment for 12 months.
[Section 16 amended: No. 22 of 2013 s. 10.]