Providing an authorised officer with information about people working in restricted areas
213A Providing an authorised officer with information about people working in restricted areas
A person who employs or engages a restricted area employee must, within 7 days after doing so, provide to an authorised officer the required identity information in respect of the employee.
If a person (the employer):
employs or engages another person after the commencement of this section; and
at a later time the other person becomes a restricted area employee of the employer;
the employer must, within 7 days after that later time, provide to an authorised officer the required identity information in respect of the employee.
If:
a person (the employer) employed or engaged another person before the commencement of this section; and
the other person is a restricted area employee of the employer; and
an authorised officer suspects on reasonable grounds that the other person has committed, or is likely to commit, an offence against a law of the Commonwealth;
the authorised officer may, in writing, request the employer to provide to the authorised officer, within 7 days after receiving the request, the required identity information in respect of the employee. The employer must comply with the request.
A person does not comply with an obligation under subsection (1), (2) or (3) to provide information unless the person provides the information:
in writing; or
in such other form as the Comptroller‑General of Customs determines in writing.
A person commits an offence if the person fails to comply with subsection (1), (2) or (3).
Penalty: 30 penalty units.
Subsection (5) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
In this section:
required identity information, in relation to a person, means any one or more of the following:
the name and address of the person;
the person’s date and place of birth;
any other information prescribed by the regulations.
restricted area employee means a person whose duties include working in an area covered by a notice under subsection 234AA(3), but does not include a person who is issued with a security identification card.
security identification card means a card of a kind specified in the regulations.
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