Document ID: chunk:federal_register_of_legislation:C2024C00627:section:39
Version: federal_register_of_legislation:C2024C00627
Segment Type: section
Provision Reference: s 39
Character Range: 50806–51899

39  Identity card
 (1) The Secretary must issue an identity card to an inspector.

Form of identity card
 (2) The identity card must:
 (a) satisfy the requirements prescribed by the regulations; and
 (b) contain a recent photograph of the inspector.

Offence
 (3) A person commits an offence if:
 (a) the person has been issued with an identity card; and
 (b) the person ceases to be an inspector; and
 (c) the person does not return the identity card to the Secretary as soon as practicable.
Penalty: 1 penalty unit.
 (4) 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) However, the person does not commit the offence 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.

Inspector must carry card
 (6) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.

Division 3—Monitoring powers