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Page:State Lands Protection Act 2022.pdf/33

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34
NO. 42 OF 2022


(9) To avoid doubt, for the purposes of subsection (7), it is a reasonable excuse for a person to refuse or fail to provide any information, produce any document or answer any question if doing so might tend to incriminate that person.

Power to obtain disclosure of identity

24.—(1) Subject to Part 6, an authorised officer or enforcement officer who has reasonable grounds to suspect that an individual in, on or near any State land has committed, is committing, or is attempting to commit, an offence under this Act in relation to the State land may—

(a) request the individual to state his or her name and residential address; and
(b) if it is suspected on reasonable grounds that the name or address given in response to the request is false, require the individual to produce evidence of its correctness, including proof of identity.

(2) An authorised officer or enforcement officer may detain an individual mentioned in subsection (1) only for so long as is reasonably necessary for the purposes of this section.

(3) An individual commits an offence if he or she, without reasonable excuse—

(a) refuses or fails to comply with a request under this section; or
(b) in response to the request, gives a name that is false in a material particular, or gives an address other than the individual’s full and correct residential address.

(4) An individual who is guilty of an offence under subsection (3) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.