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Section 203HA Customs Act 1901
Failing to Provide Name or Address to Warrant Officer

Section 203HA of the Customs Act 1901 (Cth) deals with Failing to Provide Name or Address to Warrant Officer and is extracted below.

Our exceptional criminal lawyers are vastly experienced and highly successful in defending Customs Act cases.

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The Legislation

203HA Requirement to provide name or address etc.

Request to provide name or address etc.
(1) If:

(a) a search warrant or seizure warrant in relation to premises is being executed; and
(b) the designated warrant officer believes on reasonable grounds that a person who is at or near the premises may be able to assist the officer in the execution of the warrant;
the officer may request the person to provide his or her name or address, or name and address, to the officer.

Offence—person’s refusal or failure to comply with request etc.
(2) A person commits an offence if:

(a) a designated warrant officer:

(i) has made a request of the person under subsection (1); and
(ii) has informed the person of the reason for the request; and
(iii) 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).

Offence—designated warrant officer’s refusal or failure to comply with request etc.
(4) A designated warrant officer 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 the officer 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.

(5) In this section:
designated warrant officer, in relation to a search warrant or seizure warrant, means:

(a) the executing officer; or
(b) a person who is an authorised person and who is assisting in the execution of the warrant.

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Choosing the right legal team to defend your reputation and interests can be a difficult process.

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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.

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