Document ID: chunk:federal_register_of_legislation:C2024C00463:section:40
Version: federal_register_of_legislation:C2024C00463
Segment Type: section
Provision Reference: s 40
Character Range: 152922–154058

40  Identity cards
 (1) The Secretary must issue an identity card to an authorised officer.

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

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 authorised officer; and
 (c) the person does not, within 7 days of so ceasing, return the identity card to the Secretary.
Penalty: 5 penalty units.
 (4) An offence against subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (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.

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

Division 3—Powers of authorised officers