Australian Capital Territory Current Acts

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WORK HEALTH AND SAFETY ACT 2011 - SECT 185

Power to require name and address

    (1)     An inspector may require a person to provide the person's name and home address if—

        (a)     the inspector finds the person committing an offence against this Act; or

        (b)     the inspector finds the person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person has committed an offence against this Act; or

        (c)     the inspector reasonably believes that the person may be able to assist in the investigation of an offence against this Act.

Note     A reference to an Act includes a reference to statutory instruments made or in force under the Act, including a regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act

, s 104).

    (2)     When asking a person to provide his or her name and home address, the inspector must—

        (a)     tell the person the reason for the requirement to provide his or her name and home address; and

        (b)     warn the person that it is an offence to fail to state his or her name and home address, unless the person has a reasonable excuse.

    (3)     If the inspector reasonably believes that the name or home address is false, the inspector may require the person to give evidence of its correctness.

    (4)     A person must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (1) or (3).

Maximum penalty: $10 000.

Note     Strict liability applies to each physical element of this offence (see  s 12A).

    (5)     Subsection (4) places an evidential burden on the accused to show a reasonable excuse.

Note     Evidential burden —see the Criminal Code

, s 58.



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