Section 35A Crimes (Criminal Organisations Control) Act 2012 | Failure to Disclose Identity


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In some situations, police may ask you to disclose your identity – and a failure to comply with such a request may result in charges under the Crimes (Criminal Organisations Control) Act 2012.

Section 35A says that you may be charged with an offence if you are asked to disclose your identity:

  • In the course of a police officer serving notice of an interim control order upon you under section 16(6) of the Act and you fail to do so, or;
  • By a police officer who has reasonable cause to suspect that you are a controlled member of a declared organisation who is associating with another controlled member of the declared organisation and you fail to do so.

The maximum penalty for failing to disclose your identity in these situations is $2,200.

You may also be charged with an offence under section 35A if a police makes either of the above requests and you give a false name or address without a reasonable excuse.

The same maximum penalty of $2,200 applies in these situations.

If you’ve been charged with an offence under section 35A, our lawyers can help you understand your options and what steps you can take when it comes to fighting the charges.

The Legislation

35A Failure of person to disclose identity on request

A person who is requested by a police officer in accordance with section 16 (6) or 26 (7A) to disclose his or her identity must not, without reasonable excuse, fail or refuse to comply with the request.

Maximum penalty: 20 penalty units.

(2) A person must not, without reasonable excuse, in response to a request made by a police officer in accordance with a provision referred to in subsection (1):

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

(b) Give an address other than the person’s full and correct address.

Maximum penalty: 20 penalty units.

Note: Safeguards relating to the exercise of power under sections 16 (6) and 26 (7A) are set out in Part 15 of the Law Enforcement (Powers and Responsibilities) Act 2002.

Why Sydney Criminal Lawyers?

Facing charges for failing to disclose your identity under section 35A of the Crimes (Criminal Organisations Control) Act?

Our expert defence team can help you avoid a heavy penalty under the law.

As a team that specialises exclusively in criminal law, our lawyers are equipped with the knowledge and experience to ensure that you receive the best possible outcome – no matter how serious the charges are.

We understand that your personal liberties are important, and can assist you in putting forth a compelling defence case if you are accused of failing to disclose your identity.

Our lawyers will take the time to carefully examine all the evidence in order to identify any reasonable excuses that you may have for failing to disclose your identity.

Our highly-respected advocates can then put forth these arguments persuasively to maximise your chances of securing a ‘not guilty’ verdict.

Where you wish to plead guilty to the charges, our dedicated lawyers will prepare compelling sentencing submissions which focus upon the need for a lenient penalty.

We consistently achieve outstanding results in even the most serious criminal cases.

Call us today on (02) 9261 8881 and book a FREE first conference to discuss your matter with one of our highly esteemed lawyers.