Part 10Murray‑Darling Basin Authority (special powers)

Part 10—Murray‑Darling Basin Authority (special powers) Note: Section 9 clarifies the constitutional basis for this Part. Division 2—Entry onto land etc. Subdivision A—Authorised officers 217  Appointment of authorised officers  (1) The Authority may, by writing, appoint one or more individuals to be authorised officers for the purposes of exercising the powers of an authorised officer under this Division.  (2) To be eligible for appointment as an authorised officer, an individual must:  (a) be any of the following:  (i) an APS employee;  (ii) an individual whose services are made available to the Authority under section 207;  (iii) an individual who holds an office or position with a State or an authority of a State;  (iv) an individual whose services have been acquired by the Authority under contract; and  (b) have a high level of expertise in one or more fields relevant to the performance of an authorised officer’s duties under this Division.  (3) The Authority may appoint a person mentioned in subparagraph (2)(a)(iii) only if the State or authority agrees to the appointment.  (4) In exercising powers or performing functions as an authorised officer, an authorised officer must comply with any written directions of the Authority. 218  Identity cards  (1) The Authority must issue an identity card to an authorised officer in the form specified in the regulations. The identity card must contain a photograph that is no more than 5 years old of the authorised officer.  (2) A person commits an offence of strict liability 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 return the identity card to the Authority within 14 days after ceasing to be an authorised officer. Penalty: 1 penalty unit. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.  (2A) Subsection (2) does not apply if the identity card was lost or destroyed. Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.  (3) An authorised officer must carry the identity card at all times when exercising powers or performing functions as an authorised officer. Subdivision B—Powers to enter land etc.