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NATIONAL ANTI-CORRUPTION COMMISSION ACT 2022 - SECT 268

Identity cards

  (1)   The Commissioner must issue an identity card to a person who is an authorised officer for the purposes of Part   7 (investigating corruption issues).

  (2)   An identity card:

  (a)   must be in the form approved in writing by the Minister; and

  (b)   must contain a recent photograph of the authorised officer.

Identity card to be carried and produced on request

  (3)   An authorised officer must carry the identity card at all times when exercising powers as an authorised officer in accordance with Part   7.

  (4)   An authorised officer is not entitled to exercise any powers under Part   7 in relation to premises if:

  (a)   the occupier of the premises requires the authorised officer to produce the authorised officer's identity card for inspection by the occupier; and

  (b)   the authorised officer fails to comply with the requirement.

  (5)   An authorised officer is not entitled to exercise any powers under Part   7 in relation to a person if:

  (a)   the person requires the authorised officer to produce the authorised officer's identity card for inspection by the person; and

  (b)   the authorised officer fails to comply with the requirement.

  (6)   The occupier of premises is the person apparently in charge of the premises.

Offence

  (7)   A person commits an offence 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 Commissioner within 14 days after ceasing to be an authorised officer.

Penalty:   60 penalty units.

  (8)   An offence against subsection   (7) is an offence of strict liability.

  (9)   Subsection   (7) 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   (9): see subsection   13.3(3) of the Criminal Code .



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