Victorian Numbered Acts

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MAJOR TRANSPORT PROJECTS FACILITATION ACT 2009 (NO. 56 OF 2009) - SECT 204

Offence not to produce certificate on demand

    (1)     A person who is in a restricted access area, when asked to do so by a member of the police force or an authorised officer, must—

        (a)     produce a certificate of authorisation issued under section 199 or other evidence of that person's authority to be in that area; or

        (b)     give his or her name and address.

Penalty:     5 penalty units.

    (2)     A member of the police force or an authorised officer must—

        (a)     produce proof of his or her identity and official status before exercising a power under subsection (1) unless, in the case of a member of the police force, the member is in uniform; and

        (b)     inform the person that—

              (i)     the authorised officer or member of the police force (as the case requires) is empowered under subsection (1) to ask the person to produce evidence of that person's authority to enter or remain in the restricted access area or to ask the person to give that person's name and address; and

              (ii)     it is an offence to fail to comply with the requirements of subsection (1); and

        (c)     make all reasonable attempts to ensure that the person understands the requirement made under subsection (1).

    (3)     It is not an offence for a person to fail to comply with subsection (1) if the authorised officer or member of the police force (as the case requires) did not comply with subsection (2).



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