CUSTOMS ACT

PART XII - OFFICERS  

Division 1 - Powers of officers  

Subdivision HA - Information about people working in restricted areas or issued with security identification cards  

SECTION 213A   PROVIDING AN AUTHORISED OFFICER WITH INFORMATION ABOUT PEOPLE WORKING IN RESTRICTED AREAS  

213A(1)  
A person who employs or engages a restricted area employee must, within 7 days after doing so, provide to an authorised officer the required identity information in respect of the employee.

213A(2)  
If a person (the employer ):


(a) employs or engages another person after the commencement of this section; and


(b) at a later time the other person becomes a restricted area employee of the employer;

the employer must, within 7 days after that later time, provide to an authorised officer the required identity information in respect of the employee.

213A(3)  
If:


(a) a person (the employer) employed or engaged another person before the commencement of this section; and


(b) the other person is a restricted area employee of the employer; and


(c) an authorised officer suspects on reasonable grounds that the other person has committed, or is likely to commit, an offence against a law of the Commonwealth;

the authorised officer may, in writing, request the employer to provide to the authorised officer, within 7 days after receiving the request, the required identity information in respect of the employee. The employer must comply with the request.

213A(4)  
A person does not comply with an obligation under subsection (1), (2) or (3) to provide information unless the person provides the information:


(a) in writing; or


(b) in such other form as the Comptroller-General of Customs determines in writing.

213A(5)  
A person commits an offence if the person fails to comply with subsection (1), (2) or (3).

Penalty: 30 penalty units.

213A(6)  
Subsection (5) is an offence of strict liability.

Note:

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

213A(7)  
In this section:

required identity information
, in relation to a person, means any one or more of the following:


(a) the name and address of the person;


(b) the person ' s date and place of birth;


(c) any other information prescribed by the regulations.

restricted area employee
means a person whose duties include working in an area covered by a notice under subsection 234AA(3) , but does not include a person who is issued with a security identification card.

security identification card
means a card of a kind specified in the regulations.




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