Section 213 Customs Act 1901 | Arrested Person or Customs Officer Failing to Provide Details


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The Legislation

Section 213 of the Customs Act 1901 (Cth) deals with Arrested Person or Customs Officer Failing to Provide Details and is extracted below.

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213 Requirement to provide name etc.

(1) An officer of Customs or police may request a person arrested under section 210 to provide his or her name or address, or name and address, to the officer if the person’s name or address is, or name and address are, unknown to the officer.

(2) A person commits an offence if:

(a) an officer of Customs or police:

(i) has made a request of a person under subsection (1); and
(ii) has complied with any request that the person has made under paragraph (4)(b); and

(b) the person refuses or fails to comply with the request, or gives a name or address that is false in a material particular.

Penalty: 5 penalty units.

(3) Subsection (2) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

(4) An officer of Customs or police commits an offence if:

(a) the officer makes a request of a person under subsection (1); and
(b) the person requests the officer to provide to the person:

(i) his or her name or the address of his or her place of duty; or
(ii) his or her name and that address; or
(iii) if he or she is not in uniform and it is practicable for the officer to provide the evidence—evidence that he or she is an officer; and

(c) the officer refuses or fails to comply with the request, or gives a name or address that is false in a material particular.

Penalty: 5 penalty units.