Section 140W — Migration Act 1958: Identity cards

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.