Section 6 Inclosed Lands Act | Refusing to Give Name and Address


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The Legislation

Section 6 of the Inclosed Lands Protection Act 1901 (NSW) is Refusing to Give Name and Address and is extracted below.

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6 Offender may be apprehended

(1) Any person found committing any offence against this Act, and who refuses, when required to do so, to give his or her name and place of abode, may be apprehended by the owner, occupier, or person in charge of the inclosed lands upon or in relation to which the offence was committed, and delivered to the custody of the nearest constable to be taken before a Magistrate or an authorised officer within the meaning of the Criminal Procedure Act 1986 to be dealt with according to law.

(2) Any person who, upon being so required to give his or her name and place of abode, gives any false name or place of abode, shall be liable to a penalty not exceeding 0.5 penalty unit.

“Inclosed lands” is defined as:

(a) prescribed premises, or
(b) any land, either public or private, inclosed or surrounded by any fence, wall or other erection, or partly by a fence, wall or other erection and partly by a canal or by some natural feature such as a river or cliff by which its boundaries may be known or recognised, including the whole or part of any building or structure and any land occupied or used in connection with the whole or part of any building or structure.

“prescribed premises” means land occupied or used in connection with any of the following:

(a) a government school or a registered non-government school within the meaning of the Education Reform Act 1990,
(b) a child care service,
(c) a hospital,
(d) a nursing home within the meaning of the Public Health Act 2010,

and any building or structure erected on that land, but does not include all or part of any building or structure that is for the time being occupied or used for a purpose unconnected with the conduct of such a school, child care service, hospital or nursing home.“Road” means any land proclaimed, dedicated, resumed or otherwise provided as a public thoroughfare or way or any land defined, reserved or left as a road in any subdivision of lands.

(2) Where a road is lawfully inclosed with the lands of any person, those lands, but not the road, shall be deemed for the purposes of this Act to be the inclosed lands of the person.

Section 6 of the Act allows an owner or occupier to perform a ‘citizen’s arrest’ on any person committing an offence under the section who refuses to give his or her name and address.

Section 10 of the Act allows a police officer to issue a penalty notice (fine) rather than a court attendance notice requiring the person to attend court.