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COMMONWEALTHAct
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s 40

Identity cards

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Part 5Gathering information
Division 2Search powers

40 Identity cards

(1)

The Inspector must ensure that an identity card is issued to every person who can exercise:

(a)

powers under this Division to enter premises or to board a transport vehicle; or

(b)

powers under this Division that are exercisable after entering premises or boarding a transport vehicle under this Division.

Note:

Powers mentioned in subsection (1) are exercised either by the Inspector or by a delegate of the Inspector (see section 82 for the power to delegate).

Form of identity card

(2)

The identity card must:

(a)

be in the form prescribed by the regulations; and

(b)

contain a recent photograph of the person.

Offence

(3)

A person commits an offence if:

(a)

the person has been issued with an identity card for the purposes of this section; and

(b)

the person ceases to be a person who can exercise powers mentioned in subsection (1); and

(c)

the person does not return the identity card to the Inspector within 7 days of ceasing to be such a person.

Penalty: 5 penalty units.

(4)

An offence under subsection (3) is an offence of strict liability.

Note:

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

Defence: card lost or destroyed

(5)

Subsection (3) does not apply if the identity card was lost or destroyed.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (5): see subsection 13.3(3) of the Criminal Code.

Identity card must be carried

(6)

A person to whom an identity card is issued under this section must carry it at all times when exercising powers mentioned in subsection (1).

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