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FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 203

Identity cards

Issue of identity card

  (1)   The General Manager must issue an identity card to each member of the staff of the FWC (an official ) to whom powers of the General Manager under section   202 have been delegated under section   343A.

  (2)   The identity card must:

  (a)   be in the prescribed form; and

  (b)   include a recent photograph of the official.

Use of identity card

  (3)   The official must carry the identity card at all times when taking action under section   202.

  (4)   Before the official takes action under paragraph   202(2)(b) (entering premises), the official must:

  (a)   inform the occupier of the premises that the official is authorised to enter the premises; and

  (b)   show the identity card to the occupier.

  (5)   The official is not entitled to enter premises under paragraph   202(2)(b) if he or she has not complied with subsection   (4).

Offence: failing to return identity card

  (6)   A person commits an offence if:

  (a)   the person holds or held an identity card; and

  (b)   the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section   202 have been delegated under section   343A; and

  (c)   the person does not, as soon as is practicable after so ceasing, return the identity card to the General Manager.

Penalty:   1 penalty unit.

  (7)   An offence against subsection   (6) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .

  (8)   Subsection   (6) does not apply if the identity card was lost or destroyed.

Note:   A defendant bears an evidential burden in relation to the matter mentioned in subsection   (8), see subsection   13.3(3) of the Criminal Code .


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