Powers to Require Identity to be Disclosed
- Geoff Harrison
- Apr 30
- 12 min read
Published by Geoff Harrison | 30 April 2025
A police officer has the power under the Law Enforcement (Powers and Responsibilities) Act 2002 ('the Act') to require a person to disclose his or her identity in the following circumstances:
If the officer suspects on reasonable grounds that the person may be able to assist in the investigation of an alleged indictable offence* because the person was at or near the place where the alleged indictable offence occurred, whether before, when, or soon after it occurred (s11(1) of the Act).
To give a move-on direction as per Part 14 of the Act (s11(2) of the Act).
If a person whose identity is unknown to the officer, the officer may require a person to disclose his or her identity if the officer suspects on reasonable grounds that an apprehended violence order has been made against the person (s13A of the Act).
A police officer who suspects on reasonable grounds that a vehicle is being, or was, or may have been used in or in connection with an indictable offence require the driver of the vehicle to disclose his or her identity and the identity of any driver of, or passenger in or on, the vehicle at or about the time the vehicle was or may have been so used or at or about the time the vehicle last stopped before the requirement was made or a direction was given to stop the vehicle (s14(1)(a) of the Act).
A police officer who suspects on reasonable grounds that a vehicle is being, or was, or may have been used in or in connection with an indictable offence require any passenger in or on the vehicle to disclose his or her identity and the identity of the driver of, or any other passenger in or on, the vehicle at or about the time the vehicle was or may have been so used or at or about the time the vehicle last stopped before the requirement was made or a direction was given to stop the vehicle (s14(1)(b) of the Act).
A police officer who suspects on reasonable grounds that a vehicle is being, or was, or may have been used in or in connection with an indictable offence require any owner of the vehicle (who was or was not the driver or a passenger) to disclose the identity of the driver of, and any passenger in or on, the vehicle at or about the time the vehicle was or may have been so used or at or about the time the vehicle last stopped before the requirement was made or a direction was given to stop the vehicle (s14(1)(c) of the Act).
A police officer may require a person to remove any face covering worn by the person so as to enable the officer or another police officer to see the person's face if the person has been lawfully required (whether under this or any other Act or a statutory instrument) by the officer requiring the removal of the covering to provide photographic identification, or the person has otherwise been lawfully required (whether under this or any other Act or a statutory instrument) by the officer requiring the removal of the covering to identify himself or herself or provide other identification particulars (s19A(1) of the Act).
A police officer may request a person who is required under this Part to disclose his or her identity to provide proof of his or her identity (s19 of the Act). It is an offence not to comply with a direction to disclose a person's identity in the above circumstances, and depending upon the offence, it carries a maximum sentence of 12 months imprisonment and/or between 2 ($220) and 50 ($5500) penalty units.
*"indictable offence" means an offence (including a common law offence) that may be prosecuted on indictment under s3 of the Definitions in the Criminal Procedure Act 1986. There are offences that are strictly indictable and offences that may be dealt with on indictment by election: see Schedule 1 of the Criminal Procedure Act 1986. There are also offences that are purely summary offences as per s6 of the Criminal Procedure Act 1986.
Other Sources:
Cases:
Extracted Legislation:
GENERAL POWERS TO REQUIRE IDENTITY TO BE DISCLOSED
LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 11 Identity may be required to be disclosed
Identity may be required to be disclosed
(cf Crimes Act 1900 , s 563)
(1) A police officer may require a person whose identity is unknown to the officer to disclose his or her identity if the officer suspects on reasonable grounds that the person may be able to assist in the investigation of an alleged indictable offence because the person was at or near the place where the alleged indictable offence occurred, whether before, when, or soon after it occurred.
(2) A police officer may require a person whose identity is unknown to the officer to disclose his or her identity if the officer proposes to give a direction to the person in accordance with Part 14 for the person to leave a place.
Note: Safeguards relating to the exercise of power under this section are set out in Part 15.
LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 12 Failure to disclose identity
Failure to disclose identity
(cf Crimes Act 1900, s 563)
A person who is required by a police officer in accordance with section 11 to disclose his or her identity must not, without reasonable excuse, fail or refuse to comply with the requirement.
Maximum penalty--2 penalty units.
LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 13 False or misleading information about identity
False or misleading information about identity
(cf Crimes Act 1900 , s 563)
A person must not, without reasonable excuse, in response to a requirement made by a police officer in accordance with this Division--
(a) give a name that is false in a material particular, or
(b) give an address other than the person's full and correct address.
Maximum penalty--2 penalty units.
POWER TO REQUIRE IDENTITY OF SUSPECTED AVO DEFENDANT TO BE DISCLOSED
LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 13A Identity of suspected AVO defendant may be required to be disclosed
Identity of suspected AVO defendant may be required to be disclosed
A police officer may require a person whose identity is unknown to the officer to disclose his or her identity if the officer suspects on reasonable grounds that an apprehended violence order has been made against the person.
LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 13B Failure of person to disclose identity on requirement
Failure of person to disclose identity on requirement
A person who is required by a police officer in accordance with this Division to disclose his or her identity must not, without reasonable excuse, fail or refuse to comply with the requirement.
Maximum penalty--2 penalty units.
LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 13C False or misleading information about identity
False or misleading information about identity
A person must not, without reasonable excuse, in response to a requirement made by a police officer in accordance with this Division--
(a) give a name that is false in a material particular, or
(b) give an address other than the person's full and correct address.
Maximum penalty--2 penalty units.
POWERS TO REQUIRE IDENTITY OF DRIVERS AND PASSENGERS TO BE DISCLOSED
LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 14 Power of police officer to require disclosure of driver or passenger identity
Power of police officer to require disclosure of driver or passenger identity
(cf Police Powers (Vehicles) Act 1998 , s 6)
(1) A police officer who suspects on reasonable grounds that a vehicle is being, or was, or may have been used in or in connection with an indictable offence may do any one or more of the following--
(a) require the driver of the vehicle to disclose his or her identity and the identity of any driver of, or passenger in or on, the vehicle at or about the time the vehicle was or may have been so used or at or about the time the vehicle last stopped before the requirement was made or a direction was given to stop the vehicle,
(b) require any passenger in or on the vehicle to disclose his or her identity and the identity of the driver of, or any other passenger in or on, the vehicle at or about the time the vehicle was or may have been so used or at or about the time the vehicle last stopped before the requirement was made or a direction was given to stop the vehicle,
(c) require any owner of the vehicle (who was or was not the driver or a passenger) to disclose the identity of the driver of, and any passenger in or on, the vehicle at or about the time the vehicle was or may have been so used or at or about the time the vehicle last stopped before the requirement was made or a direction was given to stop the vehicle.
Note : Safeguards relating to the exercise of power under this section are set out in Part 15.
(2) Nothing in this section limits the operation of section 11.
LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 15 Failure of driver to disclose identity
Failure of driver to disclose identity
(cf Police Powers (Vehicles) Act 1998 , s 7)
(1) The driver of a vehicle who is required by a police officer in accordance with section 14 to disclose his or her identity must not, without reasonable excuse, fail or refuse to comply with the requirement.
Maximum penalty--50 penalty units or 12 months imprisonment, or both.
(2) The driver of a vehicle who is required by a police officer in accordance with section 14 to disclose the identity of any driver of, or passenger in or on, the vehicle must (unless the driver has a reasonable excuse for not doing so)--
(a) disclose the identity of the driver or passenger, or
(b) if the driver does not know the full and correct identity of the driver or passenger--disclose such information about the driver's or passenger's identity (such as any alias used by the person or the general location of his or her residential address) as is known to the driver.
Maximum penalty--50 penalty units or 12 months imprisonment, or both.
Note : Safeguards relating to the exercise of power under section 14 are set out in Part 15.
LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 16 Failure of passenger to disclose identity
Failure of passenger to disclose identity
(cf Police Powers (Vehicles) Act 1998 , s 7A)
(1) A passenger in or on a vehicle who is required by a police officer in accordance with section 14 to disclose his or her identity must not, without reasonable excuse, fail or refuse to comply with the requirement.
Maximum penalty--50 penalty units or 12 months imprisonment, or both.
(2) A passenger in or on a vehicle who is required by a police officer in accordance with section 14 to disclose the identity of the driver of, or any other passenger in or on, the vehicle must (unless the passenger has a reasonable excuse for not doing so)--
(a) disclose the full and correct identity of the driver or other passenger, or
(b) if the passenger does not know the full and correct identity of the driver or other passenger--disclose such information about the driver's or other passenger's identity (such as any alias used by the person or the general location of his or her residential address) as is known to the passenger.
Maximum penalty--50 penalty units or 12 months imprisonment, or both.
LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 17 Failure of owner to disclose identity
Failure of owner to disclose identity
(cf Police Powers (Vehicles) Act 1998 , s 8)
(1) An owner of a vehicle who is required in accordance with section 14 by a police officer to disclose the identity of the driver of, or a passenger in or on, the vehicle must (unless the owner has a reasonable excuse for not doing so)--
(a) disclose the identity of any person the owner knows or has reason to suspect was the driver or a passenger, or
(b) if the owner does not know the full and correct identity of the person--disclose such information about the person's identity (such as any alias used by the person or the general location of his or her residential address) as is known to the owner.
Maximum penalty--50 penalty units or 12 months imprisonment, or both.
(2) Subsection (1) extends to an owner of a vehicle who was the driver of, or a passenger in or on, the vehicle.
(3) Without limitation, for the purposes of this section, an owner has reason to suspect a person was the driver of, or a passenger in or on, a vehicle if the owner has reason to suspect that a person had access to the vehicle.
Note : Safeguards relating to the exercise of power under section 14 are set out in Part 15.
LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 18 False or misleading information about identity
False or misleading information about identity
(cf Police Powers (Vehicles) Act 1998 , s 9)
A person must not, without reasonable excuse, in response to a requirement made by a police officer in accordance with section 14--
(a) give a name that is false in a material particular, or
(b) give an address other than the person's full and correct address or the full and correct address of the driver's or passenger's residence known to the person (as may be required).
Maximum penalty--50 penalty units or 12 months imprisonment, or both.
PROOF OF IDENTITY
LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 19 Power of police officer to request proof of identity
Power of police officer to request proof of identity
(cf Crimes Act 1900 , s 563)
A police officer may request a person who is required under this Part to disclose his or her identity to provide proof of his or her identity.
REMOVAL OF FACE COVERINGS FOR IDENTIFICATION PURPOSES
LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 19A Power of police officer to require removal of face coverings for identification purposes
Power of police officer to require removal of face coverings for identification purposes
(1) A police officer may require a person to remove any face covering worn by the person so as to enable the officer or another police officer to see the person's face if--
(a) the person has been lawfully required (whether under this or any other Act or a statutory instrument) by the officer requiring the removal of the covering to provide photographic identification, or
(b) the person has otherwise been lawfully required (whether under this or any other Act or a statutory instrument) by the officer requiring the removal of the covering to identify himself or herself or provide other identification particulars.
Note : Safeguards relating to the exercise of power under this section are set out in Part 15 and subsection (3).
(2) A requirement may be made of a person under this section based on a lawful requirement of a kind referred to in subsection (1)(a) or (b) whether or not the person has complied with that lawful requirement.
(3) A police officer who requires a person to remove a face covering under this section must, as far as is reasonably practicable, ensure that the following procedures are followed--
(a) the police officer must ask for the person's co-operation,
(b) the viewing of the person's face must be conducted--
(i) in a way that provides reasonable privacy for the person if the person requests privacy, and
(ii) as quickly as is reasonably practicable.
(4) It is sufficient compliance with a requirement made under this section if only so much of the face covering as prevents the person's face from being seen is removed.
(5) The removal of a face covering in compliance with a requirement made under this section, or the viewing of a person's face following any such removal, does not constitute the carrying out of a search of a person for the purposes of this Act.
(6) In this section--
"lawfully required" means lawfully required or requested to provide the identification or information concerned in circumstances where a failure or refusal to comply with a requirement or request of that kind may constitute an offence.
"photographic identification" includes (but is not limited to) any of the following--
(a) an applicable driver licence (within the meaning of Part 5.1 of the Road Transport Act 2013 ) bearing a photograph of its holder,
(b) a Photo Card (within the meaning of the Photo Card Act 2005 ) or any other kind of photo identity card (wherever issued),
(c) a passport (wherever issued),
(d) any other licence, permit or authority bearing a photograph of its holder (wherever issued),
(e) any other identification with a photograph that is identification of a kind prescribed by the regulations.
LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 19B Failure to remove face covering
Failure to remove face covering
(1) A person who is required by a police officer in accordance with section 19A to remove a face covering must not, without special justification, fail or refuse to comply with the requirement. Maximum penalty--
(a) in the case of a person who is required to remove a face covering following a requirement under section 14-- 50 penalty units or 12 months imprisonment, or both, or
(b) in any other case--2 penalty units.
(2) A person has a
"special justification" for not removing a face covering if (and only if)--
(a) the person has a legitimate medical reason for not removing the face covering, or
(b) the person has any other excuse for not removing the face covering that is an excuse of a kind prescribed by the regulations.
(3) The onus of proof of a special justification lies on the person claiming to have the special justification.
LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 19C Division does not limit other police powers
Division does not limit other police powers
The provisions of this Division do not limit any power that a police officer may have (apart from this Division) to require a person to remove a face covering.
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