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FUEL QUALITY STANDARDS ACT 2000 - SECT 39

Identity card

  (1)   The Secretary must issue an identity card to an inspector.

Form of identity card

  (2)   The identity card must:

  (a)   satisfy the requirements prescribed by the regulations; and

  (b)   contain a recent photograph of the inspector.

Offence

  (3)   A person commits an offence if:

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

  (b)   the person ceases to be an inspector; and

  (c)   the person does not return the identity card to the Secretary as soon as practicable.

Penalty:   1 penalty unit.

  (4)   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)   However, the person does not commit the offence if the identity card was lost or destroyed.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (5): see subsection   13.3(3) of the Criminal Code .

Inspector must carry card

  (6)   An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.


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