Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Secretary may, in writing, determine that a specified person, or a person included in a specified class of persons, who is engaged by the Commonwealth to assist with the conduct of a Commission of inquiry has all the functions and powers of, or specified functions and/or powers of:
(a) a NOPSEMA inspector (other than a Greater Sunrise visiting inspector); and
(b) a Greater Sunrise visiting inspector;
for the purposes of this Act and the regulations.
(2) The person is taken, for the purposes of this Act and the regulations, to be:
(a) a NOPSEMA inspector (other than a Greater Sunrise visiting inspector); or
(b) a Greater Sunrise visiting inspector;
as the case may be, in connection with the performance of those functions and the exercise of those powers.
(3) In performing those functions and exercising those powers, the person:
(a) is subject to the directions of the Commissioner; and
(b) is not subject to the directions of:
(i) the Secretary; or
(ii) the Titles Administrator; or
(iii) the responsible Commonwealth Minister; or
(iv) NOPSEMA.
(4) The Secretary must issue an identity card to the person. The identity card must:
(a) specify the Commission of inquiry concerned; and
(b) contain a recent photograph of the person.
(5) A person commits an offence if:
(a) the person has been issued with an identity card; and
(b) the person ceases to be subject to a determination under subsection (1); and
(c) the person does not immediately return the identity card to:
(i) the Secretary; or
(ii) if the Secretary, by written notice given to the person, specifies another person to whom the card is to be returned--that other person.
(6) Subsection (5) does not apply if the identity card was lost or destroyed.
Note: The defendant bears an evidential burden in relation to the matter in this subsection--see subsection 13.3(3) of the Criminal Code .
Continuing offences
(6A) A person who commits an offence against subsection (5) commits a separate offence in respect of each day (including a day of a conviction under this section or any later day) during which the offence continues.
(6B) The maximum penalty for each day that an offence under subsection (5) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
(7) A person who is subject to a determination under subsection (1) must carry the identity card at all times when exercising powers, or performing functions, for the purposes of this Act or the regulations as:
(a) a NOPSEMA inspector (other than a Greater Sunrise visiting inspector); or
(b) a Greater Sunrise visiting inspector.
(8) The provisions covered by subsection (8A) do not apply to a person who is subject to a determination under subsection (1) if the person is exercising powers, or performing functions, for the purposes of this Act or the regulations as:
(a) a NOPSEMA inspector (other than a Greater Sunrise visiting inspector); or
(b) a Greater Sunrise visiting inspector.
(8A) For the purposes of subsection (8), the following provisions are covered by this subsection, namely, subsection 35(6) or 76(6) of the Regulatory Powers Act, as it applies in relation to a NOPSEMA inspector (see Division 1 of Part 6.5 of this Act).
Note: The listed provisions require NOPSEMA inspectors to carry their identity cards with them at all times while exercising their powers.
(9) This Act has effect, in relation to a person who is subject to a determination under subsection (1), as if the identity card were the identity card of each of the following:
(a) a NOPSEMA inspector (other than a Greater Sunrise visiting inspector);
(b) a Greater Sunrise visiting inspector.
(10) A determination made under subsection (1) is not a legislative instrument.