Australian Capital Territory Current Acts

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ANIMAL WELFARE ACT 1992 - SECT 82A

Direction to give personal details—inspector

    (1)     This section applies if an inspector believes on reasonable grounds that a person—

        (a)     has committed, is committing or is about to commit an offence against this Act; or

        (b)     may be able to assist in the investigation of an offence against this Act.

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act

, s 104).

    (2)     The inspector may direct the person to give the inspector, immediately, any of the following personal details:

        (a)     the person's full name;

        (b)     the person's home address;

        (c)     the person's date of birth.

Note     Power to make the direction includes power to amend or repeal the direction (see Legislation Act

, s 46).

    (3)     However, before asking the person for any personal details under subsection (2), the inspector must show the person the inspector's identity card.

    (4)     If the inspector believes on reasonable grounds that a personal detail given by a person in response to a direction under subsection (2) is false or misleading, the inspector may direct the person to produce evidence immediately of the correctness of the detail.

    (5)     If an inspector gives a direction under this section to a person, the inspector must tell the person that it is an offence if the person fails to comply with the direction.

    (6)     A person commits an offence if—

        (a)     an inspector shows the person the inspector's identity card; and

        (b)     the inspector directs the person under subsection (2) to give the inspector the person's personal details; and

        (c)     the person does not give the inspector the personal details.

Maximum penalty: 15 penalty units.

    (7)     An offence against this section is a strict liability offence.



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