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MIGRATION ACT 1958 - SECT 140W

Identity cards

General

          (1A)  An inspector's identity card is:

                     (a)  for an appointed inspector--the identity card issued to the inspector under subsection (1); or

                     (b)  for an inspector who is a Fair Work Inspector--the identity card issued to the inspector under the Fair Work Act 2009 (see section 702 of that Act).

Identity cards--appointed inspectors

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

             (2)  An identity card for an appointed inspector:

                     (a)  must be in the form prescribed by the regulations; and

                     (b)  must contain a recent photograph of the inspector.

Identity card to be carried

             (3)  An inspector must carry the identity card at all times when exercising powers as an inspector.

Offence

             (4)  A person commits an offence if:

                     (a)  the person has been issued with an identity card under subsection (1); and

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

                     (c)  the person does not return his or her identity card to the Secretary within 14 days after ceasing to be an inspector.

Penalty:  1 penalty unit.

             (5)  An offence against subsection (4) is an offence of strict liability.

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

             (6)  However, a person does not commit an offence against subsection (4) if the person's identity card was lost or destroyed.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code .



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