Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 140W

General

  (1A)   An inspector's identity card is:

  (a)   for an appointed inspector--the identity card issued to the inspector under subsection   (1); or

  (b)   for an inspector who is a Fair Work Inspector--the identity card issued to the inspector under the Fair Work Act 2009 (see section   702 of that Act).

Identity cards--appointed inspectors

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

  (2)   An identity card for an appointed inspector:

  (a)   must be in the approved form and may include additional information that is not set out in the form; and

  (b)   must contain a recent photograph of the inspector.

Identity card to be carried

  (3)   An inspector must carry the identity card at all times when exercising powers as an inspector.

Offence

  (4)   A person commits an offence if:

  (a)   the person has been issued with an identity card under subsection   (1); and

  (b)   the person ceases to be an inspector; and

  (c)   the person does not return his or her identity card to the Secretary within 14 days after ceasing to be an inspector.

Penalty:   1 penalty unit.

  (5)   An offence against subsection   (4) is an offence of strict liability.

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

  (6)   However, a person does not commit an offence against subsection   (4) if the person's 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 .