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INSPECTOR OF TRANSPORT SECURITY ACT 2006 - SECT 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).



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