Commonwealth Consolidated Acts

FUEL QUALITY STANDARDS ACT 2000 - SECT 39

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

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 inspector.

Offence

             (3)  A person is guilty of 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 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 .

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.