Commonwealth Consolidated Acts

TRANSPORT SAFETY INVESTIGATION ACT 2003 - SECT 29

             (1)  The Chief Commissioner 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 Chief Commissioner or by a delegate of the Chief Commissioner.

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 Chief Commissioner as soon as practicable.

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.