Fair Work (Registered Organisations) Act 2009

The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.

The identity card must:

be in the prescribed form; and

include a recent photograph of the official.

The official must carry the identity card at all times when taking action under section 202.

Before the official takes action under paragraph 202(2)(b) (entering premises), the official must:

inform the occupier of the premises that the official is authorised to enter the premises; and

show the identity card to the occupier.

The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).

A person commits an offence if:

the person holds or held an identity card; and

the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and

the person does not, as soon as is practicable after so ceasing, return the identity card to the General Manager.

An offence against subsection (6) is an offence of strict liability.

For strict liability, see section 6.1 of the Criminal Code.

Subsection (6) does not apply if the identity card was lost or destroyed.

A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.