Commonwealth Consolidated Acts

INSPECTOR OF TRANSPORT SECURITY ACT 2006 - SECT 40

             (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).