Activist Rights

Providing information to authorised officers

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Authorised officers can demand your name and address if they reasonably believe that you have committed (or are committing) an offence against the Act under which they are appointed.

For example, authorised DELWP officers can ask you for your name and address if they reasonably believe that you are committing an offence against the SPLA (s17) or the FA (s95A).

The authorised DELWP officer can demand that you provide evidence of you name and address (like your drivers licence), if they believe that the details you provide are false.

You must provide this evidence, unless you have a reasonable excuse (for example, if you don’t have your wallet on you).

Another example is: an authorised Council officer can demand your name and address if they reasonably suspect you have committed (or are about to commit) an offence against any Act, regulation or local law under which they are appointed to enforce under the LGA (s224(6)).

Both authorised DELWP officers and authorised Council officers must tell you the grounds for their belief that you are committing or about to commit an offence under the FA (s95A), SPLA (s 17), LGA (s 224(6A)).

If you:

  • refuse to provide your name and address to an authorised officer,
  • provide false details, or
  • refuse to provide evidence of your details without reasonable excuse

– you can be fined up to around $600, by FA (s95A(3)), SPLA (s17(3)).

The officer must tell you this before they want to charge you.

If you fail to give your name and address to an authorised Council officer, you can be liable for a fine of up to 60 penalty units (LGA (s 224(8)).

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