Document ID: chunk:federal_register_of_legislation:C2024C00566:section:40
Version: federal_register_of_legislation:C2024C00566
Segment Type: section
Provision Reference: s 40
Character Range: 50666–52246

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).