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MIGRATION ACT 1958 - SECT 487ZG

Identity cards

  (1)   The Secretary or Australian Border Force Commissioner must issue an identity card to an authorised officer for the purposes of this Division.

Identity card must be carried by authorised officer

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

Form of identity card

  (3)   The identity card must:

  (a)   be in the form approved by the Secretary or Australian Border Force Commissioner; and

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

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 authorised officer; and

  (c)   the person does not, as soon as practicable after so ceasing, return the identity card to the Secretary or Australian Border Force Commissioner.

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)   Subsection   (4) 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 .


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