Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 213A

  (1)   A person who employs or engages a restricted area employee must, within 7 days after doing so, provide to an authorised officer the required identity information in respect of the employee.

  (2)   If a person (the employer ):

  (a)   employs or engages another person after the commencement of this section; and

  (b)   at a later time the other person becomes a restricted area employee of the employer;

the employer must, within 7 days after that later time, provide to an authorised officer the required identity information in respect of the employee.

  (3)   If:

  (a)   a person (the employer ) employed or engaged another person before the commencement of this section; and

  (b)   the other person is a restricted area employee of the employer; and

  (c)   an authorised officer suspects on reasonable grounds that the other person has committed, or is likely to commit, an offence against a law of the Commonwealth;

the authorised officer may, in writing, request the employer to provide to the authorised officer, within 7 days after receiving the request, the required identity information in respect of the employee. The employer must comply with the request.

  (4)   A person does not comply with an obligation under subsection   (1), (2) or (3) to provide information unless the person provides the information:

  (a)   in writing; or

  (b)   in such other form as the Comptroller - General of Customs determines in writing.

  (5)   A person commits an offence if the person fails to comply with subsection   (1), (2) or (3).

Penalty:   30 penalty units.

  (6)   Subsection   (5) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .

  (7)   In this section:

"required identity information" , in relation to a person, means any one or more of the following:

  (a)   the name and address of the person;

  (b)   the person's date and place of birth;

  (c)   any other information prescribed by the regulations.

"restricted area employee" means a person whose duties include working in an area covered by a notice under subsection   234AA(3), but does not include a person who is issued with a security identification card.

"security identification card" means a card of a kind specified in the regulations.