Commonwealth Numbered Acts

BUILDING AND CONSTRUCTION INDUSTRY (IMPROVING PRODUCTIVITY) ACT 2016 (NO. 87, 2016) - SECT 69

             (1)  The Federal Safety Commissioner must issue an identity card to a Federal Safety Officer appointed under subsection 68(1).

             (2)  The Minister must issue an identity card to the Federal Safety Commissioner.

Form of identity card

             (3)  The identity card must:

                     (a)  be in the form approved by the Federal Safety Commissioner; and

                     (b)  contain a recent photograph of the person to whom it is issued.

Federal Safety Officer must carry card

             (4)  A Federal Safety Officer must carry the identity card at all times when performing functions or exercising powers as a Federal Safety Officer.

Note:          The Federal Safety Commissioner is a Federal Safety Officer (see the definition of Federal Safety Officer in section 5).

Offence

             (5)  A person commits an offence of strict liability if:

                     (a)  the person ceases to be a Federal Safety Officer; and

                     (b)  the person does not, within 14 days of so ceasing, return the person's identity card to the Federal Safety Commissioner or the Minister (as the case requires).

Penalty:  1 penalty unit.

Exception--card lost or destroyed

             (6)  Subsection (5) does not apply if the 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 ).