Page 3071 - Week 10 - Wednesday, 15 September 1993
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demand the name and address of a suspect on a matter involving plants and animals. A proposal does exist in Queensland, as a result of the Fitzgerald inquiry, to create a summary offences Act which will give police that overall power.
In Victoria, summary offences similarly do not exist at this stage. Specific provisions occur in legislation. For example, the Traffic Act enables police to demand the name and address of a motorist. However, a Bill is presently before the Victorian Parliament to give police the power to demand the name and address of a person "whose identity is not known to the police officer". The Minister for Police and Emergency Services expects the Bill to be passed by the end of October and implemented by June next year following training of police officers. Northern Territory police do have that power. Under the Police Administration Act, section 134, they have the power to demand the name and address of a suspect. The provision also enables police to seek that information if they suspect that an offence "may be" committed. The penalty for failure to comply is $200.
In South Australia, in a Labor jurisdiction, the police have the power, under the Summary Offences Act, section 74A, to demand the name and address of a suspect in relation to a crime or potential crime - that is, before a crime has been committed. The penalty for failure to comply with a directive issued under this Act is a fine not exceeding eight penalty units, which at present amounts to $1,000, or a term of imprisonment not exceeding eight penalty units, which means six months in gaol. In Western Australia, police again have the power, under the Police Act 1892, section 50, to demand the name and address of any person, who need not necessarily be a suspect in relation to a crime. The penalty for failure to comply includes the right of an officer to arrest immediately, a $100 fine and/or three months' imprisonment with hard labour.
In Tasmania, police again have the power, under the Police Offences Act, section 55A(1), to demand the name and address of a person who the officer suspects may have committed, or who is now committing, but not who may be about to commit, a crime. The penalty for failure to provide the name and address, or for supplying a false name and address, is a fine of $50. That is the penalty which is closest to the one that I am proposing today. Police are given the power to make a summary arrest. In New South Wales, this power does not exist; nor has it been considered, as far as I can see, although I have been told that the police in that State have certainly been anxious to recover such a power.
Madam Speaker, I think it is worth bearing in mind that, contrary to suggestions made some time ago by those inside this chamber and outside, this is not a novel provision. This is standard law across many other jurisdictions in this country.
Mr Berry: Except in Victoria and New South Wales.
MR HUMPHRIES: As of June next year it will be law in Victoria also.
Mr Berry: But a minute ago you said that they all had it. You said that it is standard, but it is not standard now.
MR HUMPHRIES: No. I said that it was standard across many States, Minister. If you listened carefully, you would have heard. By this time next year it may well be the case that only New South Wales will be without this power, and possibly also Queensland. Certainly, those States are considering it.
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