Commonwealth Numbered Acts

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TRANSPORT SAFETY INVESTIGATION ACT 2003 No. 18, 2003 - SECT 29

Identity cards
(1)
The Executive Director must ensure that an identity card is issued to every person who can exercise premises powers.

Note 1: Premises powers are exercised either by the Executive Director or by a delegate of the Executive Director.

Note 2: For premises powers see section 3.

Form of identity card

(2)
The identity card must:

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

(b)
contain a recent photograph of the person.

Offence

(3)
A person is guilty of an offence if:

(a)
the person has been issued with an identity card for the purposes of this section; and

(b)
the person ceases to be a person who can exercise premises powers; and

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

Maximum penalty: 1 penalty unit.

(4)
The offence under 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 is not guilty of 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 .

Identity card must be carried

(6)
A person to whom an identity card is issued under this section must carry it at all times when exercising premises powers.



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