MIGRATION ACT 1958 - SECT 268CZA Identity cards

MIGRATION ACT 1958 - SECT 268CZA

  (1)   For the purposes of this Subdivision, an authorised officer's identity card must be in a form approved by the Secretary or Australian Border Force Commissioner. It must contain a recent photograph of the authorised officer.

  (2)   A person commits an offence if:

  (a)   the person holds or held an identity card for the purposes of this Subdivision; and

  (b)   the person ceases to be an authorised officer for all purposes under this Act; and

  (c)   the person does not, as soon as is practicable after so ceasing, return the identity card to the Secretary or Australian Border Force Commissioner.

Penalty:   1 penalty unit.

  (3)   This offence is one of strict liability.

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

  (4)   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   (4): see subsection   13.3(3) of the Criminal Code .

  (5)   An authorised officer must carry an identity card at all times when exercising powers under this Subdivision.