Identity cards
40 Identity cards
The Inspector must ensure that an identity card is issued to every person who can exercise:
powers under this Division to enter premises or to board a transport vehicle; or
powers under this Division that are exercisable after entering premises or boarding a transport vehicle under this Division.
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
The identity card must:
be in the form prescribed by the regulations; and
contain a recent photograph of the person.
Offence
A person commits an offence if:
the person has been issued with an identity card for the purposes of this section; and
the person ceases to be a person who can exercise powers mentioned in subsection (1); and
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.
An offence under subsection (3) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
Defence: card lost or destroyed
Subsection (3) does not apply if the identity card was lost or destroyed.
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
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).
This Act’s bill:Explanatory memorandumSecond reading speech
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