Commonwealth Consolidated Acts

LIQUID FUEL EMERGENCY ACT 1984 - SECT 29

             (1)  The Minister may, by instrument in writing, appoint a specified person, or persons included in a specified class of persons, to be an authorised person or authorised persons, as the case may be, for the purpose of the exercise by that person or those persons of the powers of an authorised person under this Act or of such of those powers as are specified in the instrument.

             (2)  Without limiting the generality of subsection (1) and subject to subsection (2A), the Minister may appoint as authorised persons for the purposes of this Act, persons who are officers of a State, officers of the Australian Capital Territory or officers of the Northern Territory.

          (2A)  The Minister must not appoint a person as an authorised person unless the Minister is satisfied that the person has suitable qualifications and experience to properly exercise the powers of an authorised person.

             (3)  All persons appointed under subsection (1) to be authorised persons shall be taken, for the purposes of the application of Part VI of the Crimes Act 1914 to and in relation to them in the exercise of their powers as authorised persons, to be Commonwealth officers within the meaning of that Act.

             (4)  The Minister may cause to be issued to an authorised person an identity card in a form approved by him or her by instrument in writing.

             (5)  A person commits an offence if:

                     (a)  the person has been issued with an identity card under subsection (4); and

                     (b)  the person ceases to be an authorised person; and

                     (c)  the person does not return the identity card to the Minister, or to a person nominated under subsection (5AA), as soon as practicable after ceasing to be an authorised person.

Penalty:  1 penalty unit.

       (5AA)  The Minister may, by writing, nominate a person for the purposes of paragraph (5)(c).

          (5A)  An offence against subsection (5) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

             (6)  The Minister may issue a certificate stating that a person specified in the certificate was, at a time, or at all times during a period, specified in the certificate an authorised person for the purpose of the exercise of all of the powers of an authorised person under this Act or of such of those powers as are specified in the certificate and such a certificate is prima facie evidence of the matters certified.