40Identity cards

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).