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Asking young person for name and address

In addition to the general powers to ask a person for their name and address, there are some specific circumstances when a young person may have to provide their personal details.

Person under 18 on licensed premises

A police officer or:

  • compliance inspector appointed by the Secretary of the Department of Justice and Regulation
  • protective services officer (if on duty in or near a designated place)
  • licensee, permittee or staff member

may demand that a person give proof of their age, name and address if they think that person looks younger than 18 and that person:

  • has asked to be supplied with alcohol
  • has consumed or is about to consume alcohol
  • is on licensed premises in contravention of the Act.

The person must not refuse to comply with the demand or give false information about their age, name or address. The officer or staff member may seize evidence of the person's age if they believe the information is false.

See s. 126—Liquor Control Reform Act 1998 (Vic)(opens in a new window).

Power to arrest without a warrant

If the young person refuses to give their name and address the police officer may caution the person and if the young person continues to refuse to give these details the police may arrest that person without a warrant.

See Arrest of a young person—Underage drinking.

Seizure of documents

If document is given by young person as proof of their age, name and address and authorised person believes this information to be false or misleading, or that document may belong to someone else, authorised person may confiscate the document. If authorised person is not a member of police they must hand document over to police. Police must return document within 28 days unless document turns out to be false or misleading or belongs to someone else.

See s. 127—Liquor Control Reform Act 1998 (Vic)(opens in a new window).

Offence

It is an offence for person to refuse to give information or to give false information or particulars.

Penalty

The maximum penalty is 15 penalty units.

See s. 126(4)—Liquor Control Reform Act 1998 (Vic)(opens in a new window).

Volatile substances

Inhaling volatile substances (or chroming) usually involves breathing in vapours of paint sprayed from an aerosol paint container into a plastic bag. Young teenagers (10—16) are group most likely to experiment with inhalants.

It is not an offence in Victoria to inhale these substances however police have the power without warrant to search, seize, apprehend and detain person where police have reasonable grounds to suspect that they posses a volatile substance and they are inhaling or about to inhale. They must also believe person to be under 18.

Police must give their details

There is no requirement that people give name and address to police, however police must give their name, rank and place of duty to person before any search is undertaken. They must provide this information in writing if asked to do so.

Police are exempted from providing identification if they have reasonable belief that the person is unable to understand due to effects of inhaling volatile substance or if it is otherwise impractical to do so.

See s. 60G—Drugs, Poisons and Controlled Substances Act 1981 (Vic)(opens in a new window) and Volatile substances—Searches for volatile substances.

Gaming houses

Police can require any person found in place that has been declared to be a common gaming house to give their name and address. if police, a gaming inspector or a person in charge of the gaming house (or their agent) finds a person who they suspect is under 18 they can:

  • require person to state correct age, name and address and
  • if have reasonable suspicion that name, age or address given is false—may require them to produce evidence.

It is an offence for a person to give false details to try to gain entry into a gaming house.

See s. 10.7.13—Gambling Regulation Act 2003 (Vic)(opens in a new window).

Arrest

If the person refuses to provide details when required, a police officer may arrest person without a warrant and bring them before a magistrate to be dealt with according to law.

See s. 10.7.13(4)—Gambling Regulation Act 2003 (Vic)(opens in a new window).

Offence and Penalty

It is an offence for any person, without reasonable excuse to refuse request to state name, age and address and to produce evidence where required.

It is also an offence to produce false documentation to try to gain entry into a gaming house.

The maximum Penalty for these offences is 10 penalty units.

See s. 10.7.13(2)—Gambling Regulation Act 2003 (Vic)(opens in a new window).

More information

Legislation

Liquor Control Reform Act 1998 (Vic)

  • Part 8 Div. 3—Investigatory Powers
  • s. 126—power to demand a suspected minor to give their address
  • s. 127—seizure of evidence of age document
  • s. 128—police may seize alcohol (and container) from person who they suspect is under 18

See Liquor Control Reform Act 1998 (Vic)(opens in a new window).

Drugs, Poisons and Controlled Substances Act 1981 (Vic)

  • s. 60G—before search police are to identify themselves

See Drugs, Poisons and Controlled Substances Act 1981 (Vic)(opens in a new window).

Gambling Regulation Act 2003 (Vic)

  • s. 10.7.13—proof of age may be required

See Gambling Regulation Act 2003 (Vic)(opens in a new window).

Updated