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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 404

Authorised officers to produce identification

  (1)   If an authorised officer (subject to subsection   (1A)) boards a vehicle, vessel, aircraft or platform under section   403, the authorised officer must:

  (a)   in the case of a member of a police force--produce, for inspection by the person in charge of that vehicle, vessel, aircraft or platform, written evidence of the fact that he or she is a member of that police force; or

  (aa)   in the case of an officer of Customs--produce, for inspection by the person in charge of that vehicle, vessel, aircraft or platform, written evidence of the fact that he or she is an officer of Customs; or

  (b)   in any other case--produce his or her identity card for inspection by that person.

  (1A)   Subsection   (1) does not apply to an authorised officer if:

  (a)   the authorised officer is a member of a police force or an officer of Customs; and

  (b)   the officer is in uniform.

  (2)   An authorised officer who does not comply with subsection   (1) is not authorised to remain, or to require any person assisting the authorised officer to remain, on board the vehicle, vessel, aircraft or platform, or to detain the vehicle, vessel or aircraft.

  (3)   If an authorised officer (subject to subsection   (3A)) makes a requirement of a person under section   403 the authorised officer, unless it is impracticable to do so, must:

  (a)   in the case of a member of a police force--produce, for inspection by that person, written evidence of the fact that he or she is a member of that police force; or

  (aa)   in the case of an officer of Customs--produce, for inspection by that person, written evidence of the fact that he or she is an officer of Customs; or

  (b)   in any other case--produce his or her identity card for inspection by that person;

and, if the authorised officer fails to do so, that person is not obliged to comply with the requirement.

  (3A)   Subsection   (3) does not apply to an authorised officer if:

  (a)   the authorised officer is a member of a police force or an officer of Customs; and

  (b)   the officer is in uniform.


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