Australian Capital Territory Numbered Acts

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SMOKING IN CARS WITH CHILDREN (PROHIBITION) ACT 2011 (NO. 40 OF 2011) - SECT 8

Enforcement powers of police officers

    (1)     If a police officer suspects on reasonable grounds that a person has committed an offence against section 7, the police officer may do 1 or more of the following:

        (a)     require the driver of the vehicle to—

              (i)     stop the vehicle and produce the driver's driver licence; and

              (ii)     state the driver's name, date of birth and home address;

        (b)     require a person who is in the vehicle, and suspected of committing the offence, to—

              (i)     stop smoking; and

              (ii)     state the person's name, date of birth and home address;

        (c)     require a person who is in the vehicle, and suspected of committing the offence, to produce an identification document if the person is carrying an identification document.

    (2)     A person commits an offence if the person fails to comply with a requirement made of the person by a police officer under subsection (1) (a) or (b).

Maximum penalty: 20 penalty units.

Note     It is an offence to produce false or misleading documents (see Criminal Code, s 339).

    (3)     An offence against this section is a strict liability offence.

    (4)     In this section:

"identification document", includes the following:

        (a)     an Australian driver licence or foreign driver licence;

        (b)     a proof of age card issued under the Liquor Act 2010 , section 210 (Proof of age cards), or a corresponding document issued under the law of a State;

        (c)     a passport;

        (d)     a student card;

        (e)     a document that contains a photograph that could reasonably be taken to be the person and states the person's name and date of birth.



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