Section 213 of the Customs Act 1901 (Cth) deals with Arrested Person or Customs Officer Failing to Provide Details and is extracted below.
Our exceptional criminal lawyers are vastly experienced and highly successful in defending Customs Act cases.
Call us today on (02) 9261 8881 for a free first appointment.
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.
Why Sydney Criminal Lawyers®?
Choosing the right legal team to defend your reputation and interests can be a difficult process.
However, it is always important to look at a firm’s experience and results when making this decision.
At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.
Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.
Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.
However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’
Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.
We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.
For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference with our criminal law specialists.