Australian Charities and Not-for-profits Commission Act 2012 (Cwth)

CHAPTER 4 - REGULATORY POWERS OF THE ACNC COMMISSIONER  

PART 4-1 - INFORMATION GATHERING AND MONITORING POWERS  

Division 75 - Monitoring  

Subdivision 75-H - General provisions  

SECTION 75-95   IDENTITY CARDS  

75-95(1)    
The Commissioner must issue an identity card to an ACNC officer who the Commissioner considers is likely to exercise powers and functions under this Division.

Form of identity card

75-95(2)    
The identity card must:

(a)    be in the form set out in writing by the Commissioner; and

(b)    contain a recent photograph of the ACNC officer.

Offence

75-95(3)    
An individual commits an offence if:

(a)    the individual has been issued with an identity card; and

(b)    the individual ceases to be an ACNC officer; and

(c)    the individual does not return the identity card to the Commissioner within 14 days after ceasing to be an ACNC officer.

Penalty: 1 penalty unit.


75-95(4)    
An offence against 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

75-95(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 ).



ACNC officer must carry card

75-95(6)    
An ACNC officer must carry his or her identity card at all times when exercising powers under this Division as an ACNC officer.

 

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