Document ID: chunk:federal_register_of_legislation:C2024C00591:section:84:p5
Version: federal_register_of_legislation:C2024C00591
Segment Type: section
Provision Reference: s 84 (pt 5/5)
Character Range: 214336–216599

must, if there is a person in charge of the vehicle or aircraft:
 (a) where the officer is a prescribed person—produce, for inspection by the person in charge of the vehicle or aircraft, written evidence of the fact that the officer is a prescribed person; or
 (b) in any other case—produce, for inspection by the person in charge of the vehicle or aircraft, the officer's identity card;
and, if the officer fails to do so, the officer is not authorised to enter and search, or to detain, the vehicle or aircraft.
 (6) Where an officer (other than a member of the Defence Force who is in uniform) makes a requirement of a person (in this subsection called the relevant person) under subsection (1) the officer must make all reasonable efforts to identify himself or herself and must, unless subsection (6A) applies:
 (a) in the case of a prescribed person—produce, for inspection by the relevant person, written evidence of the fact that the officer is a prescribed person; or
 (b) in any other case—produce, for inspection by the relevant person, the officer's identity card;
and, if the officer fails to do so, the relevant person is not obliged to comply with the requirement.
 (6A) If the requirement under subsection (1) is made in such circumstances that it is impossible to produce the written evidence referred to in paragraph (6)(a) or the identity card referred to in paragraph (6)(b), as the case requires, at the time of making the requirement, that evidence or identity card must be produced for inspection by the relevant person at the first available opportunity after the making of the requirement.
 (7) A reference in this section to an offence against, or a contravention of, this Act or a particular provision of this Act includes a reference to an offence against, or a contravention of:
 (a) section 6 of the Crimes Act 1914; or
 (b) section 11.1, 11.4 or 11.5 of the Criminal Code;
that relates to this Act or that provision.
 (8) In this section:
examine includes count, measure, weigh, grade or gauge.
prescribed person means a member or special member of the Australian Federal Police or a member of the police force of a State or Territory or an officer of Customs (as defined in the Customs Act 1901).
this Act includes the regulations.