IMPORTANT 75 Proof of identity (1) Where an authorised person: (a) …

Comment on Will the NOs have it on skating in the mall? by Alice.

IMPORTANT
75 Proof of identity
(1) Where an authorised person:
(a) reasonably suspects a person of having committed an offence against these By-laws; and
(b) informs the person that it is the intention of the authorised person to caution or prosecute the person in respect of that offence the authorised person may require the person to provide further evidence of identity of a specified kind.
(2) A person who, without reasonable excuse, fails to provide the further proof of identity required under clause (1) is guilty of an offence.
73(1) Hindering or obstructing
authorized person. 4 Penalty units
74(2) Failing to provide required information 4 Penalty units
74(3) Providing false information 5 Penalty units
75(2) Failing to provide evidence of identity without reasonable excuse 4.

Right. Since it is not illegal to skate in the mall, what offence occurred for the ranger to demand identification?
This makes the whole issue illegal?

Recent Comments by Alice

Mall skater’s $576 fine: is it fair?
Just a quick point: According to law, you can only be requested to provide ID (furnish your details) to a lawful authority if you are suspected of committing an offence or able to provide evidence to an offence, e.g. being a witness.
If this person has not committed an offence he is not required to provide ID and can do what he wants.
Therefore the fine is illegal and needs to be paid back.


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