Australian Capital Territory Numbered Acts

WORK HEALTH AND SAFETY ACT 2011 (NO. 35 OF 2011) - SECT 185

    (1)     An inspector may require a person to provide the person's name and home address if—

        (a)     the inspector finds the person committing an offence against this Act; or

        (b)     the inspector finds the person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person has committed an offence against this Act; or

        (c)     the inspector reasonably believes that the person may be able to assist in the investigation of an offence against this Act.

Note     A reference to an Act includes a reference to statutory instruments made or in force under the Act, including a regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).

    (2)     When asking a person to provide their name and home address, the inspector must—

        (a)     tell the person the reason for the requirement to provide his or her name and home address; and

        (b)     warn the person that it is an offence to fail to state his or her name and home address, unless the person has a reasonable excuse.

    (3)     If the inspector reasonably believes that the name or home address is false, the inspector may require the person to give evidence of its correctness.

    (4)     A person must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (1) or (3).

Maximum penalty: $10 000.

Note     Strict liability applies to each physical element of this offence (see  s 12A).

    (5)     Subsection (4) places an evidential burden on the accused to show a reasonable excuse.

Note     Evidential burden —see the Criminal Code, s 58.