Home Page / Legislation / Competition and Consumer Act 2010 / s 154C

Competition and Consumer Act 2010 (Cth)

Section 154C
Identity cards

 

The provision

(1) The Chairperson 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 commits 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 Chairperson as soon as practicable. Penalty: 1 penalty unit.

(4) An offence against subsection (3) is an offence of strict liability.

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

Card lost or destroyed

(5) Subsection (3) does not apply if the identity card was lost or destroyed.

Note: A defendant bears an evidential burden in relation to the matter in this subsection: 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.

Inspector must produce card on request

(7) An inspector is not entitled to exercise any powers under this Part in relation to premises if:

(a) the occupier of the premises has requested the inspector to produce the inspector’s identity card for inspection by the occupier; and

(b) the inspector fails to comply with the request.

 

Legislative history

Forthcoming

 

Commentary

Forthcoming