Division 4 Removal of face coverings for identification purposes

19A   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. Section 201 and subsection (3) set out safeguards relating to such a requirement.

(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)  a driver licence (within the meaning of Part 2 of the Road Transport (Safety and Traffic Management) Act 1999),

(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.

19B   Failure of person to remove face covering when required

(1)  A person who is required by a police officer in accordance with sections 19A and 201 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 request made to the person under section 14 (Power of police officer to request disclosure of driver or passenger identity)—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.

19C   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.