Section 268CZA — Migration Act 1958 (Cth)

(1) For the purposes of this Subdivision, an authorised officer’s identity card must be in a form approved by the Secretary or Australian Border Force Commissioner. It must contain a recent photograph of the authorised officer.

(2) A person commits an offence if:

(a) the person holds or held an identity card for the purposes of this Subdivision; and

(b) the person ceases to be an authorised officer for all purposes under this Act; and

(c) the person does not, as soon as is practicable after so ceasing, return the identity card to the Secretary or Australian Border Force Commissioner.

Penalty: 1 penalty unit.

(3) This offence is one of strict liability.

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

(4) However, the person does not commit the offence if the identity card was lost or destroyed.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.

(5) An authorised officer must carry an identity card at all times when exercising powers under this Subdivision.

Related sections

• s 268CX — Copy of monitoring warrant to be given to occupier before entry
• s 268CY — Compensation for damage to electronic equipment or data
• s 268CZ — Occupier entitled to be present during execution of monitoring warrant
• s 268CZB — Authorised officer must produce identity card on request
• s 268CZC — Officer may apply for warrants by telephone etc.
• s 268CZD — Magistrate or ART member may grant warrant by telephone etc.

Research how courts apply s 268CZA

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.