Commonwealth Consolidated Acts

AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION ACT 2012 - SECT 75.95

  (1)   The Commissioner must issue an identity card to an ACNC officer who the Commissioner considers is likely to exercise powers and functions under this Division.

Form of identity card

  (2)   The identity card must:

  (a)   be in the form set out in writing by the Commissioner; and

  (b)   contain a recent photograph of the ACNC officer.

Offence

  (3)   An individual commits an offence if:

  (a)   the individual has been issued with an identity card; and

  (b)   the individual ceases to be an ACNC officer; and

  (c)   the individual does not return the identity card to the Commissioner within 14 days after ceasing to be an ACNC officer.

Penalty:   1 penalty unit.

  (4)   An offence against 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 this subsection   (see subsection   13.3(3) of the Criminal Code ).

ACNC officer must carry card

  (6)   An ACNC officer must carry his or her identity card at all times when exercising powers under this Division as an ACNC officer.