2004-2005-2006-2007 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Human Services (Enhanced Service Delivery) Bill 2007 No. , 2007 (Human Services) A Bill for an Act to enhance the provision of Commonwealth benefits, and for related purposes [Page Break] Part 1--Introduction 1 Division 1--Preliminary 1 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 2 Division 2--What this Act is about 3 3 What this Act is about........................................................................ 3 Division 3--Interpretation 4 4 Identifying defined terms................................................................... 4 5 Definitions ......................................................................................... 5 Division 4--Objects and purposes of this Act 12 6 Objects of this Act ........................................................................... 12 7 The purposes of this Act .................................................................. 12 8 Administration of this Act to accord with Australian Government policy .......................................................................... 12 Division 5--Application of this Act 14 9 This Act binds the Crown ................................................................ 14 10 Extension to external Territories...................................................... 14 Part 2--Registration 15 Division 1--What this Part is about 15 11 What this Part is about ..................................................................... 15 Division 2--Getting registered 16 12 Are you eligible to be registered? .................................................... 16 13 Applying for registration ................................................................. 16 14 When the Secretary must register you ............................................. 17 15 When registration happens............................................................... 17 Division 3--The Register 18 16 The Register..................................................................................... 18 17 Information on the Register ............................................................. 18 18 When the Secretary may not include information on the Register............................................................................................ 23 19 Temporary information on the Register........................................... 23 20 Register not to contain any other information ................................. 23 [Page Break] Division 1--What this Part is about 24 21 What this Part is about ..................................................................... 24 Division 2--Getting an access card 25 22 Are you eligible for an access card? ................................................ 25 23 Applying for an access card............................................................. 25 24 When the Secretary must issue you an access card ......................... 26 25 When the Secretary issues you your access card ............................. 27 26 Period of validity of your access card.............................................. 27 Division 3--Name and form of access cards 28 27 Name, symbol and form of an access card ...................................... 28 28 Commonwealth's acquisition of access card name and symbols............................................................................................ 28 Division 4--Information on your access card 30 29 Information on your access card ...................................................... 30 30 Information on the surface of your access card ............................... 30 31 Your name ....................................................................................... 31 32 Access card surface not to contain any other information ............... 32 33 Information in the chip in your access card ..................................... 32 34 Information in the Commonwealth's area of the chip in your access card ....................................................................................... 32 35 When the Secretary must not include information in the Commonwealth's area of the chip in your access card .................... 35 36 Commonwealth's area not to contain any other information........... 35 Division 5--Ownership of your access card 36 37 You own your access card ............................................................... 36 38 Ownership of intellectual property etc. in your access card ............ 36 39 What you cannot do with your access card...................................... 36 Division 6--Use of your access card 37 40 Your use of your access card ........................................................... 37 41 Use of access card by officers in participating agencies.................. 37 42 No requirement for you to carry your access card ........................... 37 Part 4--Offences 38 Division 1--What this Part is about etc. 38 43 What this Part is about ..................................................................... 38 44 Geographical jurisdiction................................................................. 38 Division 2--Offences for requiring production of an access card 39 45 Requiring production of an access card for identification ............... 39 [Page Break] and services etc. ............................................................................... 40 Division 3--Offences for doing things to access cards 42 Subdivision A--Offences committed by others 42 47 Defacing or damaging someone else's access card ......................... 42 48 Changing information in the Commonwealth's area of the chip in someone else's access card .................................................. 42 49 Selling etc. someone else's access card ........................................... 42 Subdivision B--Offences committed by you in relation to your access card 43 50 Defacing or damaging your access card: dishonest intent ............... 43 51 Changing information in the Commonwealth's area of the chip in your access card: dishonest intent........................................ 43 52 Changing information in the Commonwealth's area of the chip in your access card ................................................................... 43 53 Selling etc. your access card ............................................................ 44 Division 4--Other access card offences 45 54 Unlawful access cards...................................................................... 45 55 Dishonestly obtaining an access card .............................................. 45 56 Possessing a false access card.......................................................... 46 57 Unauthorised copying etc. of access card number, photograph or signature ................................................................... 46 Division 5--Offences in relation to applications for registration or access cards 48 58 Making false or misleading statements in relation to an application for registration or access card ....................................... 48 59 Giving false or misleading information in relation to an application for registration or access card ....................................... 48 60 Producing false or misleading documents in relation to an application for registration or access card ....................................... 49 Division 6--Offences by Commonwealth officers 51 61 Issuing an access card contrary to this Act ...................................... 51 62 Abuse of public office ..................................................................... 51 Division 7--Other offences 53 63 Protection of access card name and symbol .................................... 53 Part 5--Miscellaneous 54 Division 1--What this Part is about 54 64 What this Part is about ..................................................................... 54 [Page Break] 65 Exemptions by the Minister, DVA Minister, Secretary or DVA Secretary................................................................................. 55 66 Minister to determine identity guidelines ........................................ 56 67 DVA Minister may determine who are DVA individuals ............... 56 Division 3--Delegations and authorisations 57 68 Delegations by the Minister............................................................. 57 69 Delegations by the DVA Minister ................................................... 57 70 Delegations by the Secretary ........................................................... 58 71 Delegations by the DVA Secretary.................................................. 59 72 Authorisations by the Secretary ....................................................... 59 Division 4--Other matters 61 73 Compensation for acquisition of property ....................................... 61 74 Regulations ...................................................................................... 61 [Page Break] 1 Commonwealth benefits, and for related purposes 2 The Parliament of Australia enacts: 3 Part 1--Introduction 4 Division 1--Preliminary 5 1 Short title 6 This Act may be cited as the Human Services (Enhanced Service 7 Delivery) Act 2007. 8 ______________________________ * To find definitions of asterisked terms, see section 5. Human Services (Enhanced Service Delivery) Bill 2007 No. , 2007 1 [Page Break] 1 (1) Each provision of this Act specified in column 1 of the table 2 commences, or is taken to have commenced, in accordance with 3 column 2 of the table. Any other statement in column 2 has effect 4 according to its terms. 5 6 Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 and The day on which this Act receives the 2 and anything in Royal Assent. this Act not elsewhere covered by this table 2. Sections 3 to A single day to be fixed by Proclamation. 74 However, if any of the provision(s) do not commence within the period of 18 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. Note: This table relates only to the provisions of this Act as originally 7 passed by both Houses of the Parliament and assented to. It will not be 8 expanded to deal with provisions inserted in this Act after assent. 9 (2) Column 3 of the table contains additional information that is not 10 part of this Act. Information in this column may be added to or 11 edited in any published version of this Act. 12 [Page Break] Division 2--What this Act is about 2 3 What this Act is about 3 This Act establishes the Register and the access card. 4 This Part deals with introductory matters such as definitions (see 5 Division 3), the objects and purposes of this Act (see Division 4) 6 and the application of this Act (see Division 5). 7 Part 2 deals with registration. To get an access card, you must be 8 registered on the Register. That Part tells you what needs to happen 9 for you to get registered. It also deals with the Register. 10 Part 3 is about the access card. That Part tells you what needs to 11 happen for you to get your own access card. It also deals with 12 ownership of, and information on, your access card. 13 Part 4 sets out the offences against this Act. 14 Part 5 deals with miscellaneous matters. 15 [Page Break] Division 3--Interpretation 2 4 Identifying defined terms 3 (1) Many of the terms in this Act are defined in section 5. 4 (2) Most of the terms that are defined in section 5 are identified by an 5 asterisk appearing at the start of the term: as in "*Commonwealth 6 benefit". The footnote with the asterisk contains a signpost to 7 section 5. 8 (3) An asterisk usually identifies the first occurrence of a term in a 9 section (if not divided into subsections), subsection or definition. 10 Later occurrences of the term in the same provision are not usually 11 asterisked. 12 (4) Terms are not asterisked in headings, notes, examples, explanatory 13 tables, guides, outline provisions or diagrams. 14 (5) If a term is not identified by an asterisk, disregard that fact in 15 deciding whether or not to apply to that term a definition or other 16 interpretation provision. 17 (6) The following basic terms used throughout the Act are not 18 identified with an asterisk: 19 20 Terms that are not identified Item This term is defined in section access card 5 1 holder 5 2 owner 5 3 Secretary 5 4 you 5 5 21 [Page Break] 1 In this Act: 2 access card means the card: 3 (a) known as the Health and Social Services Access Card, or 4 such other name determined under section 27; and 5 (b) issued by the Secretary under section 24; 6 and includes the *chip in the card. 7 Australian citizen means an individual who is an Australian citizen 8 under the Australian Citizenship Act 1948. 9 Australian resident means an individual who is an Australian 10 resident within the meaning of: 11 (a) section 3 or 8 of the A New Tax System (Family Assistance) 12 Act 1999; or 13 (b) section 10 of the Child Support (Assessment) Act 1989; or 14 (c) section 3 of the Health Insurance Act 1973; or 15 (d) section 4 of the Hearing Services Administration Act 1997; or 16 (e) section 7 of the Social Security Act 1991; or 17 (f) section 5G of the Veterans' Entitlements Act 1986. 18 authorised person means an individual appointed to be an 19 authorised person under section 72. 20 benefit includes: 21 (a) a pension, allowance, concession, grant or payment; and 22 (b) a card or voucher entitling its holder to a concession or a 23 payment of any kind. 24 benefit card means any of the following: 25 (a) a *PBS Entitlement Card; 26 (b) a *PBS Safety Net Concession Card; 27 (c) a *Pensioner Concession Card; 28 (d) a *Health Care Card; 29 (e) a *Reciprocal Health Care Card; 30 (f) a *Medicare Card, but only if it is held by an individual who 31 is: 32 [Page Break] 1 Insurance Act 1973 because of section 6 or 6A of that 2 Act; or 3 (ii) covered by paragraph (f) of the definition of Australian 4 resident in section 3 of the Health Insurance Act 1973; 5 *Commonwealth Seniors Health Card; (g) a 6 a *Cleft Lip and Palate Card; (h) 7 a *DVA Gold Card; (i) 8 a *DVA White Card; (j) 9 a *DVA Orange Card; (k) 10 (l) the card known as the War Widow/Widower Transport Card 11 and issued by the *DVA Secretary; 12 (m) a card or voucher prescribed by the regulations. 13 chip means a microchip or any other device that stores or processes 14 information. 15 Cleft Lip and Palate Card means the card known as the Cleft Lip 16 and Cleft Palate Patient Identification Card and issued by the Chief 17 Executive Officer of Medicare Australia. 18 Commonwealth authority has the same meaning as in section 7 of 19 the Commonwealth Authorities and Companies Act 1997. 20 Commonwealth benefit means a *benefit or service that: 21 (a) is provided to an individual (whether under a Commonwealth 22 law or otherwise); and 23 (b) is administered or delivered, wholly or partly, by a 24 *participating agency. 25 Commonwealth company has the same meaning as in section 34 of 26 the Commonwealth Authorities and Companies Act 1997. 27 Commonwealth officer means an individual who: 28 (a) is in the service or employment of the Commonwealth, a 29 *Commonwealth authority or a *Commonwealth company; or 30 (b) holds or performs the duties of any office or position 31 established by a law of the Commonwealth; or 32 [Page Break] 1 law of the Commonwealth. 2 Commonwealth Seniors Health Card means a seniors heath card 3 under the Social Security Act 1991 or the Veterans' Entitlements 4 Act 1986. 5 delegate means an individual to whom a power or function has 6 been delegated or sub-delegated under Division 3 of Part 5. 7 dishonest, in relation to a person's conduct, means: 8 (a) dishonest according to the standards of ordinary people; and 9 (b) known by the person to be dishonest according to the 10 standards of ordinary people. 11 document includes: 12 (a) any paper or other material on which there is writing; and 13 (b) any paper or other material on which there are marks, figures, 14 symbols or perforations that are: 15 (i) capable of being given a meaning by persons qualified 16 to interpret them; or 17 (ii) capable of being responded to by a computer, a machine 18 or an electronic device; and 19 (c) any article or material from which sounds, images or writings 20 are capable of being reproduced with or without the aid of 21 any other article or device. 22 DVA means the Department that administers the Veterans' 23 Entitlements Act 1986. 24 DVA dependant means an individual who: 25 (a) is a dependant of a deceased *veteran; and 26 (b) is entitled to a pension at the rate specified in subsection 27 30(2) of the Veterans' Entitlements Act 1986. 28 DVA Gold Card means the card known as the Repatriation Health 29 Card--For All Conditions that evidences an individual's 30 entitlement, under the Veterans' Entitlements Act 1986 or the 31 Military Rehabilitation and Compensation Act 2004, to be 32 provided with treatment for all injuries or diseases. 33 [Page Break] 1 (a) is eligible or qualified for a *Commonwealth benefit under: 2 (i) the Veterans' Entitlements Act 1986; or 3 (ii) the Military Rehabilitation and Compensation Act 2004; 4 or 5 (iii) the Safety, Rehabilitation and Compensation Act 1988 6 in relation to a defence-related claim (within the 7 meaning of Part XI of that Act); or 8 (iv) the Australian Participants in British Nuclear Tests 9 (Treatment) Act 2006; or 10 (v) the scheme known as the Study of Health Outcomes in 11 Aircraft Maintenance Personnel Health Care Scheme; or 12 (b) is eligible or qualified for an ex-gratia lump sum payment in 13 relation to F-111 aircraft deseal/reseal work; or 14 (c) is determined by the *DVA Minister under section 67 to be a 15 DVA individual. 16 DVA Minister means the Minister administering the *DVA. 17 DVA Orange Card means the card known as the Repatriation 18 Pharmaceutical Benefits Card that evidences an individual's 19 entitlement, under the Veterans' Entitlements Act 1986, to 20 pharmaceutical benefits. 21 DVA Secretary means the Secretary of the *DVA. 22 DVA White Card means the card known as the Repatriation Health 23 Card--For Specific Conditions that evidences an individual's 24 entitlement, under: 25 (a) the Veterans' Entitlements Act 1986; or 26 (b) the Military Rehabilitation and Compensation Act 2004; or 27 (c) an international agreement to which Australia is a party; 28 to be provided with treatment for specific injuries or diseases only. 29 false access card means a *document that is not an access card but 30 that purports to be an access card. 31 former prisoner of war means an individual who: 32 (a) is a *veteran; and 33 [Page Break] 1 service (within the meaning of the Veterans' Entitlements Act 2 1986). 3 Health Care Card means a health care card under the Social 4 Security Act 1991 (and includes the card known as the Low Income 5 Health Care Card and the card known as the Foster Child Health 6 Care Card). 7 holder of a card (other than an access card) means the individual to 8 whom the card was issued. 9 inappropriate name means a name that: 10 (a) is obscene or offensive; or 11 (b) could not practicably be established by repute or usage: 12 (i) because it is too long; or 13 (ii) because it consists of or includes symbols without 14 phonetic significance; or 15 (iii) for some other reason; or 16 (c) includes or resembles an official title or rank; or 17 (d) is contrary to the public interest for some other reason. 18 information in the *chip in an access card includes software in the 19 chip. 20 International Classification of Diseases means the most recent 21 classification of diseases endorsed by the World Health 22 Organisation. 23 legal name of an individual means: 24 (a) the name on a certificate, entry or record of the individual's 25 birth, being a certificate granted or entry or record made by 26 the Registrar of births, deaths and marriages (however 27 described) of a State or Territory; or 28 (b) the name on the individual's Australian passport issued under 29 the Australian Passports Act 2005; or 30 (c) the name on a certificate of citizenship granted to the 31 individual under the Australian Citizenship Act 1948; or 32 (d) the name on a certificate, entry or record of the individual's 33 marriage, being a certificate granted or entry or record made 34 [Page Break] 1 described) of a State or Territory; or 2 (e) the name included, by way of effecting a name change of the 3 individual, on a register kept under a law of a State or 4 Territory by the Registrar of births, deaths and marriages 5 (however described) of the State or Territory; or 6 (f) if none of paragraphs (a) to (e) apply to the individual--the 7 name on a passport issued to the individual by a foreign 8 country; or 9 (g) if none of paragraphs (a) to (f) apply to the individual--the 10 name on a document prescribed by the regulations. 11 Note: For prescription of documents by class, see subsection 13(3) of 12 the Legislative Instruments Act 2003. 13 Medicare Card has the same meaning as in subsection 84(1) of the 14 National Health Act 1953. 15 medicare number has the same meaning as in subsection 84(1) of 16 the National Health Act 1953. 17 owner of an access card means the individual to whom the card 18 was issued. 19 participating agency means any of the following: 20 (a) the Department; 21 (b) the *DVA; 22 (c) the Chief Executive Officer of Medicare Australia; 23 (d) the Chief Executive Officer of Centrelink; 24 (e) Australian Hearing Services; 25 (f) Health Services Australia Limited. 26 PBS Entitlement Card means a pharmaceutical benefits 27 entitlement card issued under section 84E of the National Health 28 Act 1953, and includes an additional entitlement card, or a 29 replacement entitlement card, issued under section 84H of that Act. 30 PBS Safety Net Concession Card means a safety net concession 31 card issued under section 84DA of the National Health Act 1953, 32 and includes an additional concession card, or a replacement 33 concession card, issued under section 84H of that Act. 34 [Page Break] 1 under the Social Security Act 1991. 2 Privacy Commissioner means the Privacy Commissioner within 3 the meaning of the Privacy Act 1988. 4 Reciprocal Health Care Card means the card issued to an 5 individual who is a visitor to Australia to whom an international 6 agreement made under subsection 7(1) of the Health Insurance Act 7 1973 relates. 8 Register means the Register established by the Secretary under 9 section 16. 10 Secretary means the Secretary of the Department. 11 veteran has the same meaning as in section 5C of the Veterans' 12 Entitlements Act 1986. 13 war widow has the same meaning as in section 5E of the Veterans' 14 Entitlements Act 1986. 15 war widower has the same meaning as in section 5E of the 16 Veterans' Entitlements Act 1986. 17 you means an individual. 18 [Page Break] Division 4--Objects and purposes of this Act 2 6 Objects of this Act 3 (1) The objects of this Act are: 4 (a) to reduce the complexity of accessing *Commonwealth 5 benefits, particularly for those who are most in need of 6 assistance; and 7 (b) to facilitate a more convenient, user-friendly and reliable 8 method of accessing Commonwealth benefits; and 9 (c) to reduce fraud on the Commonwealth in relation to the 10 provision of Commonwealth benefits; and 11 (d) to improve access to Australian Government relief in 12 emergency situations; and 13 (e) to permit access card owners to use their access cards for 14 such other lawful purposes they choose. 15 (2) It is also an object of this Act that access cards are not to be used 16 as, and do not become, national identity cards. 17 7 The purposes of this Act 18 The purposes of this Act are to facilitate the provision of *benefits, 19 services, programs or facilities to some or all members of the 20 public (whether under a Commonwealth law or otherwise), where 21 that provision involves a *participating agency. 22 8 Administration of this Act to accord with Australian Government 23 policy 24 Policy statement 25 (1) The Minister may, in consultation with the *DVA Minister, prepare 26 a written statement of the policy of the Australian Government in 27 relation to the administration of this Act. The Minister may give a 28 copy of the statement to the Secretary and the *DVA Secretary. 29 [Page Break] 1 (2) If the Minister gives a copy of the statement to the Secretary, then: 2 (a) the Secretary; and 3 (b) a person who is delegated or sub-delegated a power or 4 function of the Secretary under section 70; and 5 (c) an *authorised person; 6 must have regard to the statement in exercising powers and 7 performing functions under this Act. 8 (3) If the Minister gives a copy of the statement to the Secretary, the 9 Minister must cause a copy of the statement to be laid before each 10 House of the Parliament within 15 sitting days of that House after 11 the Minister gives the copy. 12 DVA Secretary 13 (4) If the Minister gives a copy of the statement to the *DVA 14 Secretary, then: 15 (a) the DVA Secretary; and 16 (b) a person who is delegated a power or function of the DVA 17 Secretary under section 71; 18 must have regard to the statement in exercising powers and 19 performing functions under this Act. 20 (5) If the Minister gives a copy of the statement to the *DVA 21 Secretary, the Minister must cause a copy of the statement to be 22 laid before each House of the Parliament within 15 sitting days of 23 that House after the Minister gives the copy. 24 Policy statement not a legislative instrument 25 (6) A statement prepared under subsection (1) is not a legislative 26 instrument. 27 [Page Break] Division 5--Application of this Act 2 9 This Act binds the Crown 3 (1) This Act binds the Crown in right of the Commonwealth, of each 4 of the States, of the Australian Capital Territory, and of the 5 Northern Territory. 6 (2) However, this Act does not make the Crown liable to be prosecuted 7 for an offence. 8 10 Extension to external Territories 9 (1) This Act extends to every external Territory. 10 (2) However, this Act (other than Part 4 (offences) and the rest of this 11 Act so far as it relates to that Part) does not extend to Norfolk 12 Island. 13 [Page Break] Part 2--Registration 2 Division 1--What this Part is about 3 11 What this Part is about 4 This Part is about registration. You need to be registered on the 5 Register before you can get an access card. 6 Division 2 tells you how you can get registered. To be registered, 7 you must be eligible and apply. 8 Division 3 is about the Register. It has the information about you 9 that is included on the Register. It also has the Secretary's 10 obligations in relation to the Register. 11 [Page Break] Division 2--Getting registered 2 12 Are you eligible to be registered? 3 You are eligible to be registered on the *Register if: 4 (a) you are eligible or qualified for a *Commonwealth benefit; 5 and 6 (b) you are not already registered. 7 13 Applying for registration 8 (1) You, or someone else on your behalf, may apply to the Secretary 9 for you to be registered on the *Register by: 10 (a) lodging a written application in accordance with 11 subsection (2); or 12 (b) making an application (whether or not in writing) in a 13 manner approved by the Secretary. 14 (2) For the purposes of paragraph (1)(a), a written application must: 15 (a) be in the form approved by the Secretary; and 16 (b) be accompanied by such other specified information or 17 specified *document that the Secretary: 18 (i) determines is needed for the Secretary to be satisfied of 19 your identity; or 20 (ii) determines is needed to obtain information that is 21 required to be included on the *Register. 22 Note: When making a determination under subparagraph (2)(b)(i), the 23 Secretary must take into account identity guidelines that are in force: 24 see section 66. 25 (3) In approving a form under paragraph (2)(a), the Secretary must: 26 (a) consult with the *Privacy Commissioner; and 27 (b) take into account any comments made by the Privacy 28 Commissioner. 29 However, a failure to comply with this requirement does not affect 30 the validity of the approval of the form. 31 [Page Break] 1 request you to give the Secretary specified additional information 2 or a specified additional *document that the Secretary: 3 (a) determines is needed for the Secretary to be satisfied that you 4 are eligible to be registered; or 5 (b) determines is needed for the Secretary to be satisfied of your 6 identity; or 7 (c) determines is needed to obtain information that is required to 8 be included on the *Register. 9 Note: When making a determination under paragraph (4)(b), the Secretary 10 must take into account identity guidelines that are in force: see 11 section 66. 12 14 When the Secretary must register you 13 The Secretary must register you if: 14 (a) you are eligible to be registered (see section 12); and 15 (b) in accordance with section 13, you applied, or someone else 16 applied on your behalf, for you to be registered; and 17 (c) the Secretary determines that he or she is satisfied of your 18 identity. 19 Note: When making a determination under paragraph (c), the Secretary must 20 take into account identity guidelines that are in force: see section 66. 21 15 When registration happens 22 (1) You are registered when the Secretary includes on the *Register: 23 (a) either: 24 (i) your legal name, unless you are exempted from this 25 requirement (see section 65); or 26 (ii) if you are so exempted--your preferred name; and 27 (b) the date of effect of the registration. 28 (2) The date specified as the date of effect of your registration may be 29 any date (including a date before your application for registration 30 was made). 31 (3) The Secretary must give you a written notice of the registration. 32 [Page Break] Division 3--The Register 2 16 The Register 3 (1) The Secretary must establish and maintain the *Register. 4 (2) The *Register may be kept in any form or manner that the 5 Secretary considers appropriate. 6 (3) The *Register is not a legislative instrument. 7 17 Information on the Register 8 (1) Once you are registered, the Secretary must include on the 9 *Register the information set out in the following table. 10 11 Information on the Register Item Topic The Secretary must include this information on the Register: (a) your *legal name, unless you are exempted from this 1 name requirement (see section 65); (b) if you are so exempted--your preferred name; (c) if you are not so exempted, your preferred name is different from your legal name and you request the Secretary to include your preferred name on the *Register--that preferred name; (d) if you have another name and either you request the Secretary to include that name on the Register or that name is known to the Secretary--that other name; (e) if you are entitled to be known by the title "Mr", "Mrs", "Ms", "Miss" or "Dr" and you request the Secretary to include that title on the Register--that title; (f) if you have been awarded an honour under the Australian or British honours system and you request the Secretary to include that honour on the Register-- that honour; 2 birth your date of birth, unless the Secretary determines that it [Page Break] Item Topic The Secretary must include this information on the Register: need not be included on the *Register; (a) if you are an Australian citizen--that fact; 3 citizenship or residency (b) if you are an *Australian resident--that fact, and such other information about that fact as is determined by the Secretary; (c) if you are a visitor to Australia to whom an international agreement relates, being an agreement made between Australia and a foreign country under subsection 7(1) of the Health Insurance Act 1973-- that fact, and such other information about that fact as is determined by the Secretary; (a) if you are an Aboriginal person (within the meaning of 4 Indigenous the Aboriginal and Torres Strait Islander Act 2005) status and you request the Secretary to include that fact on the Register--that fact; (b) if you are a Torres Strait Islander (within the meaning of the Aboriginal and Torres Strait Islander Act 2005) and you request the Secretary to include that fact on the Register--that fact; 5 sex your sex; (a) if you have a residential address--that address; 6 contact details (b) if you have a postal address--that address; (c) if you request the Secretary to have your email address included on the *Register--that address; (d) if you request the Secretary to have your phone number included on the Register--that number; (e) if you are visually impaired and you request the Secretary to include on the Register information about a reasonable manner or format in which you would prefer correspondence to be provided to you--that information; if you hold a *benefit card--such information about that 7 benefit cards card as is determined by the Secretary; (a) the date of effect of your registration; 8 registration status (b) if your registration has been suspended or cancelled-- [Page Break] Item Topic The Secretary must include this information on the Register: that fact; (c) if the Secretary determines that your proof of identity is full--the word "full"; (d) if the Secretary determines that your proof of identity is interim--the word "interim"; 9 access card if you own an access card--the following information: (except DVA (a) your access card number; information) (b) the date your access card was issued; (c) the expiry date of your access card; (d) if there is a personal identification number for your access card--that number, protected by encryption or other technological protection measure; (e) if there is other information (for example, a password) for authenticating your identity--that information, protected by encryption or other technological protection measure; (f) if your photograph is on the surface of your access card--that photograph and a numerical template of you derived from that photograph; (g) if your digitised signature is on the surface of your access card--that signature; (h) if your access card has expired, or is deactivated, suspended or cancelled--that fact; (i) if you hold a *benefit card (other than a *DVA Gold Card), the Secretary determined that a colour is associated with that card and you request the Secretary to have that colour for your access card-- that colour; (j) if your date of birth is on the surface of your access card--that fact; (k) if the word "Blind" is on the surface of your access card--that fact; if you own an access card and you are a *DVA 10 access card (DVA individual--the following information: information) (a) if the acronym "TPI" is on the surface of your access [Page Break] Item Topic The Secretary must include this information on the Register: card--that fact; (b) if the word "Blind" is on the surface of your access card--that fact; (c) if the acronym "POW" is on the surface of your access card--that fact; (d) if the acronym "EDA" is on the surface of your access card--that fact; (e) if the phrase "war widow" or "war widower" is on the surface of your access card--that fact; (f) if the phrase "DVA dependant" is on the surface of your access card--that fact; (g) if the phrase "DVA White Card holder" is on the surface of your access card--that fact; (h) if you hold a *DVA Gold Card and you request the Secretary not to have gold as the colour of your access card--that request; (a) if a special rate of pension under section 24 of the 11 DVA Veterans' Entitlements Act 1986 is payable to you information because you are totally and permanently incapacitated--the acronym "TPI"; (b) if a special rate of pension under subsection 24(3) of the Veterans' Entitlements Act 1986 is payable to you because you are blinded in both eyes--the word "Blind"; (c) if you are a *former prisoner of war--the acronym "POW"; (d) if a pension at the rate specified by subsection 22(4) of the Veterans' Entitlements Act 1986 is payable to you because you are entitled to extreme disablement adjustment--the acronym "EDA"; (e) if you are a *war widow or *war widower--the phrase "war widow" or "war widower" (as the case requires); (f) if you are a *DVA dependant--the phrase "DVA dependant"; (g) if you hold a *DVA White Card--the phrase "DVA White Card holder"; [Page Break] Item Topic The Secretary must include this information on the Register: (h) if you are a *DVA individual, you are entitled to be known by a rank as a result of your military service and you request the Secretary to include that rank on the Register--that rank; (a) if the Secretary determines that a copy of a *document 12 documents produced to you produced in relation to proving your identity is to be included on the *Register--that copy; prove identity (b) if the Secretary determines that information about a document you produced in relation to proving your identity is to be included on the Register--that information; 13 statements if the Privacy Act 1988, the Freedom of Information Act required by 1982 or other Commonwealth law requires a statement to legislation be included on the Register--that statement; if you have a relationship with any of the *participating 14 participating agency agencies--a flag identifying that fact; 15 emergency if you have an emergency payment number--that payment number; number 16 death if you die--the date of the death; (a) such other technical or administrative information 17 other that: information (i) does not expressly identify you by name or other personal identifiers; and (ii) is determined by the Secretary; and (iii) is reasonably necessary for the administration of the *Register or your access card; (b) such other information that is determined, by legislative instrument, by the Minister and that is for the purposes of this Act. 1 (2) A determination made by the Secretary under item 2, 3, 7, 8, 9, 12 2 or 17 of the table in subsection (1) is not a legislative instrument. 3 [Page Break] 1 (1) Despite subsection 17(1), the Secretary must not include particular 2 information about you on the *Register if: 3 (a) the Secretary considers it would be inappropriate to do so 4 because of your inclusion in the National Witness Protection 5 Program; or 6 (b) to do so would be inconsistent with a Commonwealth law. 7 (2) Despite subsection 17(1), the Secretary must not include your 8 preferred name or other name on the *Register if the Secretary is 9 satisfied that use of that name is prohibited by a law of the 10 Commonwealth, a State or a Territory. 11 (3) Despite subsection 17(1), the Secretary may refuse to include your 12 preferred name or other name on the *Register if the Secretary is 13 satisfied that the name is an*inappropriate name. 14 19 Temporary information on the Register 15 If you own an access card, the following *information may be 16 temporarily included on the *Register until it is transferred to the 17 Commonwealth's area of the *chip in your card: 18 (a) if you have a *medicare number--that number; 19 (b) if you hold a *Reciprocal Health Care Card--the number of 20 that card; 21 (c) if the *DVA has allocated you a DVA file number--that 22 number; 23 (d) if you hold a *DVA White Card and you have a condition 24 that has a code under the *International Classification of 25 Diseases--that code. 26 20 Register not to contain any other information 27 The *Register must contain only the information specified in 28 subsection 17(1) and section 19. 29 [Page Break] Part 3--The access card 2 Division 1--What this Part is about 3 21 What this Part is about 4 This Part is about the access card. 5 Division 2 tells you how you can get an access card. To get one, 6 you must be eligible and apply for it. 7 Division 3 is about the official name, symbol and form of the 8 access card. 9 Division 4 is about the information that is on or in your access 10 card. That information is either on the surface of your card or in the 11 chip in your card. The chip consists of 2 areas: your area and the 12 Commonwealth's area. 13 Division 5 is about ownership of your access card. 14 Division 6 is about how you may use your access card. 15 [Page Break] Division 2--Getting an access card 2 22 Are you eligible for an access card? 3 You are eligible for an access card if: 4 (a) you are registered on the *Register; and 5 (b) you are at least 18, or you are exempted from this 6 requirement (see section 65); and 7 (c) you do not own an access card that is in force. 8 23 Applying for an access card 9 (1) You, or someone else on your behalf, may apply to the Secretary 10 for an access card for you by: 11 (a) lodging a written application in accordance with 12 subsection (2); or 13 (b) making an application (whether or not in writing) in a 14 manner approved by the Secretary. 15 (2) For the purposes of paragraph (1)(a), a written application must: 16 (a) be in the form approved by the Secretary; and 17 (b) be accompanied by such other specified information or 18 specified *document that the Secretary: 19 (i) determines is needed for the Secretary to be satisfied of 20 your identity; or 21 (ii) determines is needed to obtain information that is 22 required to be included on or in your access card, or on 23 the *Register in relation to your access card. 24 Note: When making a determination under subparagraph (2)(b)(i), the 25 Secretary must take into account identity guidelines that are in force: 26 see section 66. 27 (3) In approving a form under paragraph (2)(a), the Secretary must: 28 (a) consult with the *Privacy Commissioner; and 29 (b) take into account any comments made by the Privacy 30 Commissioner. 31 [Page Break] 1 the validity of the approval of the form. 2 (4) For the purposes of assessing your application, the Secretary may 3 request you to give the Secretary specified additional information 4 or a specified additional *document that the Secretary: 5 (a) determines is needed for the Secretary to be satisfied that you 6 are eligible for an access card; or 7 (b) determines is needed for the Secretary to be satisfied of your 8 identity; or 9 (c) determines is needed to obtain information that is required to 10 be included on or in your access card, or on the *Register in 11 relation to your access card. 12 Note: When making a determination under paragraph (4)(b), the Secretary 13 must take into account identity guidelines that are in force: see 14 section 66. 15 24 When the Secretary must issue you an access card 16 (1) The Secretary must issue you an access card if: 17 (a) you are eligible for an access card (see section 22); and 18 (b) you applied, or someone else applied on your behalf, for it in 19 accordance with section 23; and 20 (c) you attended an interview in the manner determined by the 21 Secretary, or you are exempted from this requirement (see 22 section 65); and 23 (d) your photograph was taken in the manner determined by the 24 Secretary, or you are exempted from this requirement (see 25 section 65); and 26 (e) you provided your signature in the manner determined by the 27 Secretary, or you are exempted from this requirement (see 28 section 65); and 29 (f) the Secretary determines that he or she is satisfied of your 30 identity; and 31 (g) you satisfy such other requirements that are determined, by 32 legislative instrument, by the Minister and that are for the 33 purposes of this Act. 34 [Page Break] 1 must take into account identity guidelines that are in force: see 2 section 66. 3 (2) Your access card is not a legislative instrument. 4 25 When the Secretary issues you your access card 5 The Secretary is taken to have issued you your access card when: 6 (a) the Secretary sends your access card to you by post, or such 7 other method as the Secretary determines; or 8 (b) you collect your access card from a place determined by the 9 Secretary. 10 26 Period of validity of your access card 11 Your access card is in force for the period: 12 (a) that begins when your card is issued to you (see section 25); 13 and 14 (b) ends on the earlier of the following: 15 (i) the expiry date specified by the Secretary on your card; 16 (ii) the expiration of 10 years. 17 [Page Break] Division 3--Name and form of access cards 2 27 Name, symbol and form of an access card 3 Name and symbol 4 (1) The access card is to be known as the Health and Social Services 5 Access Card, or such other name as the Minister determines in 6 writing. 7 (2) The Minister may determine, in writing, any symbol used in 8 relation to the access card. 9 (3) If the Minister determines a name or symbol under this section, the 10 Minister must publish a notice of that determination in a newspaper 11 circulating in each State, in the Australian Capital Territory and in 12 the Northern Territory. 13 Form of access card 14 (4) The access card is to be in such form as the Minister determines in 15 writing. 16 Determinations not legislative instruments 17 (5) A determination under subsection (1), (2) or (4) is not a legislative 18 instrument. 19 Note: The Minister may make more than one determination under 20 subsection (1), (2) or (4): see subsection 33(1) of the Acts 21 Interpretation Act 1901. 22 28 Commonwealth's acquisition of access card name and symbols 23 (1) All property in a protected name and a protected symbol vests with 24 the Commonwealth by force of this section. 25 (2) If, immediately before the protection time, property in a protected 26 symbol or a protected name vests with a person other than the 27 Commonwealth, property in the name or symbol is, by force of this 28 section, vested in the Commonwealth at the protection time. 29 [Page Break] 1 liable to pay compensation to a person for acquiring the person's 2 property. 3 (3) In this section: 4 protected name means: 5 (a) Health and Social Services Access Card; and 6 (b) if the Minister determines another name under section 27 7 (whether or not that determination remains in force)--that 8 name. 9 protected symbol means a symbol determined by the Minister 10 under section 27 (whether or not that determination remains in 11 force). 12 protection time means: 13 (a) in relation to the protected name "Health and Social Services 14 Access Card"--13 December 2006; and 15 (b) in relation to another protected name--the time the Minister 16 determines the protected name under section 27; and 17 (c) in relation to a protected symbol--the time the Minister 18 determines the protected symbol under section 27. 19 [Page Break] Division 4--Information on your access card 2 29 Information on your access card 3 Information on your access card consists of: 4 (a) information that is on the surface of your card; and 5 (b) *information that is in the *chip in your card. 6 30 Information on the surface of your access card 7 The Secretary must include on the surface of your access card the 8 information set out in the following table. 9 10 Information on the surface of your access card Item Topic The Secretary must include this information on the surface of your access card: (a) your *legal name, unless paragraph (b) applies; 1 name (b) if you are exempted under section 65 from providing your legal name, or your preferred name is different from your legal name and you request the Secretary to include that name on the surface of your access card-- your preferred name; 2 card number your access card number; 3 card expiry the expiry date of your access card; date 4 photograph if your photograph was taken in accordance with paragraph 24(1)(d)--that photograph; 5 signature if you provided your signature in accordance with paragraph 24(1)(e)--that signature digitised; 6 date of birth if you request the Secretary to include your date of birth on the surface of your access card--that date; (a) if a special rate of pension under section 24 of the 7 DVA Veterans' Entitlements Act 1986 is payable to you and information you request the Secretary to include on the surface of your access card information that you are totally and permanently incapacitated--the acronym "TPI"; [Page Break] Item Topic The Secretary must include this information on the surface of your access card: (b) if a special rate of pension under subsection 24(3) of the Veterans' Entitlements Act 1986 is payable to you because you are blinded in both eyes and you request the Secretary to include that information on the surface of your access card--the word "Blind"; (c) if you are a *former prisoner of war and you request the Secretary to include that information on the surface of your access card--the acronym "POW"; (d) if a pension at the rate specified by subsection 22(4) of the Veterans' Entitlements Act 1986 is payable to you and you request the Secretary to include on the surface of your access card information that you are entitled to extreme disablement adjustment--the acronym "EDA"; (e) if you are a *war widow or *war widower and you request the Secretary to include that information on the surface of your access card--the phrase "war widow" or "war widower" (as the case requires); (f) if you are a *DVA dependant and you request the Secretary to include that information on the surface of your access card--the phrase "DVA dependant"; (g) if you hold a *DVA White Card and you request the Secretary to include that information on the surface of your access card--the phrase "DVA White Card holder"; 8 Blind if disability support pension on the basis of blindness is disability payable to you under section 95 of the Social Security Act support 1991 and you request the Secretary to include that pensioners information on the surface of your access card--the word "Blind". 1 31 Your name 2 (1) Despite section 30, the Secretary must not include your preferred 3 name on the surface of your access card under that section if the 4 [Page Break] 1 the Commonwealth, a State or a Territory. 2 (2) Despite section 30, the Secretary may refuse to include your 3 preferred name on the surface of your access card under that 4 section if the Secretary is satisfied that the name is an 5 *inappropriate name. 6 (3) The Secretary may abbreviate your *legal name or your preferred 7 name on the surface of your access card if the Secretary considers 8 that the name would not reasonably fit on the card. 9 32 Access card surface not to contain any other information 10 The surface of your access card must contain only the information 11 specified in section 30. 12 33 Information in the chip in your access card 13 The *information in the *chip in your access card consists of 2 14 parts: 15 (a) information in your area of the chip; and 16 (b) information in the Commonwealth's area of the chip. 17 34 Information in the Commonwealth's area of the chip in your 18 access card 19 (1) The Secretary must include in the Commonwealth's area of the 20 *chip in your access card the *information set out in the following 21 table. 22 23 Information in the Commonwealth's area of the chip in your access card Item Topic The Secretary must include this information in the Commonwealth's area of the chip in your access card: (a) your *legal name, unless paragraph (b) or (c) applies; 1 name (b) if you are not exempted under section 65 from providing your legal name and your preferred name is on the surface of your access card--your legal name, protected by the personal identification number for [Page Break] Item Topic The Secretary must include this information in the Commonwealth's area of the chip in your access card: your access card, and your preferred name; (c) if you are exempted under section 65 from providing your legal name and your preferred name is on the surface of your access card--your preferred name; 2 date of birth if you request the Secretary to include your date of birth in the Commonwealth's area of the *chip in your access card--that date; 3 sex your sex; 4 residential if you have a residential address--that address, unless address you are exempted from this requirement (see section 65); 5 photograph if your photograph is on the surface of your access card-- that photograph; 6 signature if your digitised signature is on the surface of your access card--that signature; 7 card number your access card number; the expiry date of your access card; 8 card expiry date 9 card PIN etc. (a) if there is a personal identification number for your access card--that number, protected by encryption or other technological protection measure; (b) if there is other information (for example, a password) for authenticating your identity--that information, protected by encryption or other technological protection measure; if you hold a *benefit card--such information about that 10 benefit cards card as is determined by the Secretary; if you have a *medicare number--that number; 11 medicare number if you hold a *Reciprocal Health Care Card--the number 12 Reciprocal Health Care of that card; Card number 13 emergency if you have an emergency payment number--that payment number; number (a) if the Secretary has determined under item 8 of the 14 registration [Page Break] Item Topic The Secretary must include this information in the Commonwealth's area of the chip in your access card: table in subsection 17(1) that your proof of identity is status full--the word "full"; (b) if the Secretary has determined under item 8 of the table in subsection 17(1) that your proof of identity is interim--the word "interim"; (a) if *DVA has allocated you a DVA file number--that 15 DVA information number; (b) if a special rate of pension under section 24 of the Veterans' Entitlements Act 1986 is payable to you because you are totally and permanently incapacitated--the acronym "TPI"; (c) if a special rate of pension under subsection 24(3) of the Veterans' Entitlements Act 1986 is payable to you because you are blinded in both eyes--the word "Blind"; (d) if you are a *former prisoner of war--the acronym "POW"; (e) if a pension at the rate specified by subsection 22(4) of the Veterans' Entitlements Act 1986 is payable to you because you are entitled to extreme disablement adjustment--the acronym "EDA"; (f) if you are a *war widow or *war widower--the phrase "war widow" or "war widower" (as the case requires); (g) if you are a *DVA dependant--the phrase "DVA dependant"; (h) if you hold a *DVA White Card--the phrase "DVA White Card holder"; (i) if you hold a DVA White Card and you have a condition that has a code under the *International Classification of Diseases--that code; 16 statements if the Privacy Act 1988, the Freedom of Information Act required by 1982 or other Commonwealth law requires a statement to legislation be included in the Commonwealth's area of the chip in your access card--that statement; (a) such other technical or administrative information 17 other that: information [Page Break] Item Topic The Secretary must include this information in the Commonwealth's area of the chip in your access card: (i) does not expressly identify you by name or other personal identifiers; and (ii) is determined by the Secretary; and (iii) is reasonably necessary for the administration of the *Register or your access card; (b) such other information that is determined, by legislative instrument, by the Minister and that is for the purposes of this Act. 1 (2) A determination made by the Secretary under item 10 or 17 of the 2 table in subsection (1) is not a legislative instrument. 3 35 When the Secretary must not include information in the 4 Commonwealth's area of the chip in your access card 5 Despite subsection 34(1), the Secretary must not include particular 6 *information about you in the Commonwealth's area of the *chip in 7 your access card if: 8 (a) the Secretary considers it would be inappropriate to do so 9 because of your inclusion in the National Witness Protection 10 Program; or 11 (b) to do so would be inconsistent with a Commonwealth law. 12 36 Commonwealth's area not to contain any other information 13 The Commonwealth's area of the *chip in your access card must 14 contain only the *information specified in subsection 34(1). 15 [Page Break] Division 5--Ownership of your access card 2 37 You own your access card 3 (1) You own your access card. 4 (2) You acquire ownership when your access card is issued to you (see 5 section 25). 6 38 Ownership of intellectual property etc. in your access card 7 However, subsection 37(1) does not give you ownership of any 8 intellectual property or *information that, at any time, is on the 9 surface of, or in the *chip in, your access card that you would not 10 otherwise have. 11 39 What you cannot do with your access card 12 Despite subsection 37(1), you cannot sell your access card, or 13 otherwise transfer any part of your ownership of it. 14 [Page Break] Division 6--Use of your access card 2 40 Your use of your access card 3 You may use your access card for any lawful purpose you choose. 4 41 Use of access card by officers in participating agencies 5 A *Commonwealth officer in a *participating agency may only use 6 your access card: 7 (a) for the purposes of this Act; or 8 (b) with your consent. 9 42 No requirement for you to carry your access card 10 You are not required to carry your access card at all times. 11 [Page Break] Part 4--Offences 2 Division 1--What this Part is about etc. 3 43 What this Part is about 4 This Part sets out the offences against this Act. (See also the 5 Criminal Code, which sets out general principles of criminal 6 responsibility.) 7 Division 2 has offences that apply if a person requires you to 8 produce your access card or someone else's access card. 9 Division 3 has offences for doing particular things to an access 10 card, like selling it. Subdivision A has the offences committed by 11 others in relation to your access card or someone else's access 12 card. Subdivision B has the offences that apply to you and your 13 access card. 14 Division 4 has other access card offences, such as dishonestly 15 obtaining an access card. 16 Division 5 has offences that apply to applications for registration or 17 for an access card. 18 Division 6 has offences committed by Commonwealth officers or 19 authorised persons. 20 Division 7 has miscellaneous offences. 21 44 Geographical jurisdiction 22 Section 15.4 of the Criminal Code (extended geographical 23 jurisdiction--category D) applies to offences against this Act. 24 [Page Break] Division 2--Offences for requiring production of an access 2 card 3 45 Requiring production of an access card for identification 4 (1) A person commits an offence if: 5 (a) the person requires you to produce your access card or 6 someone else's access card; and 7 (b) the person does so for the purposes of identifying you or 8 someone else; and 9 (c) if the person is a *delegate or an *authorised person--the 10 requirement is not made for the purposes of this Act; and 11 (d) if the person is not a delegate or an authorised person--the 12 requirement is not made to establish that: 13 (i) you hold, or someone else holds, a *benefit card; or 14 (ii) you have, or someone else has, a *medicare number. 15 Penalty: Imprisonment for 5 years or 500 penalty units, or both. 16 (2) A person commits an offence if: 17 (a) the person makes a statement (whether orally, in writing or 18 any other way) to you that you could reasonably understand 19 to mean that you are required to produce your access card or 20 someone else's access card; and 21 (b) the person does so for the purposes of identifying you or 22 someone else; and 23 (c) if the person is a *delegate or an *authorised person--the 24 requirement is not made for the purposes of this Act; and 25 (d) if the person is not a delegate or an authorised person--the 26 requirement is not made to establish that: 27 (i) you hold, or someone else holds, a *benefit card; or 28 (ii) you have, or someone else has, a *medicare number. 29 Penalty: Imprisonment for 2 years or 120 penalty units, or both. 30 [Page Break] 1 services etc. 2 (1) A person commits an offence if: 3 (a) the person requires you to produce your access card or 4 someone else's access card; and 5 (b) the person does so in connection with a matter referred to in 6 subsection (3); and 7 (c) if the person is a *delegate or an *authorised person--the 8 requirement is not made for the purposes of this Act; and 9 (d) if the person is not a delegate or an authorised person--the 10 requirement is not made to establish that: 11 (i) you hold, or someone else holds, a *benefit card; or 12 (ii) you have, or someone else has, a *medicare number. 13 Penalty: Imprisonment for 5 years or 500 penalty units, or both. 14 (2) A person commits an offence if: 15 (a) the person makes a statement (whether orally, in writing or 16 any other way) to you that you could reasonably understand 17 to mean that you are required to produce your access card or 18 someone else's access card; and 19 (b) the person does so in connection with a matter referred to in 20 subsection (3); and 21 (c) if the person is a *delegate or an *authorised person--the 22 requirement is not made for the purposes of this Act; and 23 (d) if the person is not a delegate or an authorised person--the 24 requirement is not made to establish that: 25 (i) you hold, or someone else holds, a *benefit card; or 26 (ii) you have, or someone else has, a *medicare number. 27 Penalty: Imprisonment for 2 years or 120 penalty units, or both. 28 (3) For the purposes of paragraphs (1)(b) and (2)(b), the matters are as 29 follows: 30 (a) supplying goods or services to you or someone else; 31 (b) conferring any right, title or advantage on you or someone 32 else; 33 (c) admitting you or someone else to a status; 34 [Page Break] 1 someone else; 2 (e) admitting you or someone else to membership of an 3 association or body (whether incorporated or not); 4 (f) renewing or continuing your membership, or someone else's 5 membership, of an association or body (whether incorporated 6 or not); 7 (g) accepting an application from you or someone else for 8 appointment to an office; 9 (h) making an agreement with you or someone else; 10 (i) making facilities available to you or someone else; 11 (j) allowing you or someone else access to, or use of, any 12 premises; 13 (k) making an offer of employment to you or someone else. 14 [Page Break] Division 3--Offences for doing things to access cards 2 Subdivision A--Offences committed by others 3 47 Defacing or damaging someone else's access card 4 A person commits an offence if the person: 5 (a) defaces or damages an access card; and 6 (b) is not the owner of the access card. 7 Penalty: Imprisonment for 5 years or 500 penalty units, or both. 8 48 Changing information in the Commonwealth's area of the chip in 9 someone else's access card 10 A person commits an offence if: 11 (a) the person changes any *information in the Commonwealth's 12 area of the *chip in an access card; and 13 (b) the person is not the owner of the access card; and 14 (c) either: 15 (i) the person is not a *delegate or an *authorised person; or 16 (ii) the person is a delegate or an authorised person but the 17 person does not make the change for the purposes of 18 this Act. 19 Penalty: Imprisonment for 5 years or 500 penalty units, or both. 20 49 Selling etc. someone else's access card 21 A person commits an offence if the person: 22 (a) sells an access card, or otherwise transfers any part of the 23 ownership of it; and 24 (b) is not the owner of the access card. 25 Penalty: Imprisonment for 10 years or 1,000 penalty units, or 26 both. 27 [Page Break] 1 access card 2 50 Defacing or damaging your access card: dishonest intent 3 (1) You commit an offence if: 4 (a) you deface or damage your access card; and 5 (b) you do so with the intention of *dishonestly obtaining an 6 advantage (whether financial or otherwise) for yourself or 7 any other person. 8 Penalty: Imprisonment for 5 years or 500 penalty units, or both. 9 (2) In a prosecution for an offence against subsection (1), the 10 determination of *dishonesty is a matter for the trier of fact. 11 51 Changing information in the Commonwealth's area of the chip in 12 your access card: dishonest intent 13 (1) You commit an offence if: 14 (a) you change any *information in the Commonwealth's area of 15 the *chip in your access card; and 16 (b) you do so with the intention of *dishonestly obtaining an 17 advantage (whether financial or otherwise) for yourself or 18 any other person. 19 Penalty: Imprisonment for 5 years or 500 penalty units, or both. 20 (2) In a prosecution for an offence against subsection (1), the 21 determination of *dishonesty is a matter for the trier of fact. 22 52 Changing information in the Commonwealth's area of the chip in 23 your access card 24 You commit an offence if you change any *information in the 25 Commonwealth's area of the *chip in your access card. 26 Penalty: Imprisonment for 2 years or 120 penalty units, or both. 27 [Page Break] 1 You commit an offence if you sell your access card, or otherwise 2 transfer any part of your ownership of it. 3 Penalty: Imprisonment for 10 years or 1,000 penalty units, or 4 both. 5 [Page Break] Division 4--Other access card offences 2 54 Unlawful access cards 3 (1) The Secretary may require a person to give an access card to the 4 Secretary if: 5 (a) the access card has been obtained, or the Secretary suspects 6 on reasonable grounds has been obtained, by means of a false 7 or misleading statement, false or misleading information or a 8 false or misleading *document; or 9 (b) the access card has been used, or the Secretary suspects on 10 reasonable grounds has been used, in the commission of an 11 offence against a law of the Commonwealth, a State or a 12 Territory. 13 (2) The Secretary may require a person to give to the Secretary a *false 14 access card that is in the person's possession or control. 15 (3) A person commits an offence if: 16 (a) the Secretary, under subsection (1) or (2), requires the person 17 to give an access card or a *false access card to the Secretary; 18 and 19 (b) the Secretary informs the person that the Secretary is 20 authorised to require the person to give the card to the 21 Secretary; and 22 (c) the Secretary informs the person that it may be an offence not 23 to comply with the requirement; and 24 (d) the person has possession or control of the card; and 25 (e) the person fails to give the card to the Secretary immediately. 26 Penalty: Imprisonment for 2 years or 120 penalty units, or both. 27 55 Dishonestly obtaining an access card 28 (1) A person commits an offence if: 29 (a) the person obtains an access card; and 30 (b) the person does so: 31 (i) *dishonestly; or 32 [Page Break] 1 Penalty: Imprisonment for 10 years or 1,000 penalty units, or 2 both. 3 (2) In a prosecution for an offence against this section, the 4 determination of *dishonesty is a matter for the trier of fact. 5 (3) In this section: 6 obtain includes: 7 (a) obtain for another person; and 8 (b) induce a third person to do something that results in another 9 person obtaining. 10 threat includes a threat that is: 11 (a) express or implied; or 12 (b) conditional or unconditional. 13 56 Possessing a false access card 14 (1) A person commits an offence if: 15 (a) the person has possession or control of a *document; and 16 (b) the person knows that the document is a *false access card. 17 Penalty: Imprisonment for 10 years or 1,000 penalty units, or 18 both. 19 (2) Subsection (1) does not apply if the person has a reasonable 20 excuse. 21 Note: The defendant bears an evidential burden in relation to the matter in 22 subsection (2): see subsection 13.3(3) of the Criminal Code. 23 57 Unauthorised copying etc. of access card number, photograph or 24 signature 25 (1) A person commits an offence if: 26 (a) the person does any of the following acts in relation to the 27 access card number, photograph or signature on the surface 28 of an access card: 29 (i) copies or records it; 30 [Page Break] 1 (iii) uses it in a manner connecting it with the identity of the 2 owner of the access card; 3 (iv) divulges or communicates it to a third person; and 4 (b) the person is not the owner of the access card; and 5 (c) either: 6 (i) the person is not a *delegate or an *authorised person; or 7 (ii) the person is a delegate or an authorised person but the 8 person does not do the act for the purposes of this Act. 9 Penalty: Imprisonment for 2 years or 120 penalty units, or both. 10 (2) Subsection (1) does not apply if the owner of the access card 11 consents in writing to the doing of the act. 12 Note: The defendant bears an evidential burden in relation to the matter in 13 subsection (2): see subsection 13.3(3) of the Criminal Code. 14 [Page Break] Division 5--Offences in relation to applications for 2 registration or access cards 3 58 Making false or misleading statements in relation to an 4 application for registration or access card 5 (1) A person commits an offence if: 6 (a) the person makes a statement (whether orally, in writing or 7 any other way) to another person; and 8 (b) the statement: 9 (i) is false or misleading; or 10 (ii) omits any matter or thing without which the statement is 11 misleading; and 12 (c) the statement is made in, or in connection with: 13 (i) an application to be registered on the *Register; or 14 (ii) an application for an access card. 15 Penalty: Imprisonment for 10 years or 1,000 penalty units, or 16 both. 17 (2) Subsection (1) does not apply: 18 (a) as a result of subparagraph (1)(b)(i)--if the statement is not 19 false or misleading in a material particular; or 20 (b) as a result of subparagraph (1)(b)(ii)--if the statement did not 21 omit any matter or thing without which the statement is 22 misleading in a material particular. 23 Note: The defendant bears an evidential burden in relation to the matters in 24 subsection (2): see subsection 13.3(3) of the Criminal Code. 25 59 Giving false or misleading information in relation to an 26 application for registration or access card 27 (1) A person commits an offence if: 28 (a) the person gives information to another person; and 29 (b) the information: 30 (i) is false or misleading; or 31 [Page Break] 1 is misleading; and 2 (c) the information is given in, or in connection with: 3 (i) an application to be registered on the *Register; or 4 (ii) an application for an access card. 5 Penalty: Imprisonment for 10 years or 1,000 penalty units, or 6 both. 7 (2) Subsection (1) does not apply: 8 (a) as a result of subparagraph (1)(b)(i)--if the information is not 9 false or misleading in a material particular; or 10 (b) as a result of subparagraph (1)(b)(ii)--if the information did 11 not omit any matter or thing without which the statement is 12 misleading in a material particular. 13 Note: The defendant bears an evidential burden in relation to the matters in 14 subsection (2): see subsection 13.3(3) of the Criminal Code. 15 60 Producing false or misleading documents in relation to an 16 application for registration or access card 17 (1) A person commits an offence if: 18 (a) the person produces a *document to another person; and 19 (b) the document is false or misleading; and 20 (c) the document is produced in, or in connection with: 21 (i) an application to be registered on the Register; or 22 (ii) an application for an access card. 23 Penalty: Imprisonment for 10 years or 1,000 penalty units, or 24 both. 25 (2) Subsection (1) does not apply if the *document is not false or 26 misleading in a material particular. 27 Note: The defendant bears an evidential burden in relation to the matter in 28 subsection (2): see subsection 13.3(3) of the Criminal Code. 29 (3) Subsection (1) does not apply to a person if the *document is 30 accompanied by a written statement signed by the person: 31 [Page Break] 1 or misleading in a material particular; and 2 (b) setting out, or referring to, the material particular in which 3 the document is, to the person's knowledge, false or 4 misleading. 5 Note: The defendant bears an evidential burden in relation to the matter in 6 subsection (3): see subsection 13.3(3) of the Criminal Code. 7 [Page Break] Division 6--Offences by Commonwealth officers 2 61 Issuing an access card contrary to this Act 3 An individual commits an offence if: 4 (a) the individual is a *delegate; and 5 (b) the individual issues an access card; and 6 (c) the individual knows that the issue of the access card is 7 contrary to a provision of this Act. 8 Penalty: Imprisonment for 10 years, or 1,000 penalty units, or 9 both. 10 62 Abuse of public office 11 (1) An individual commits an offence if: 12 (a) the individual is a *delegate or an *authorised person; and 13 (b) the individual: 14 (i) exercises any influence that the individual has in the 15 individual's capacity as a delegate or an authorised 16 person; or 17 (ii) engages in any conduct in the exercise of the 18 individual's duties as a delegate or an authorised person; 19 and 20 (c) the individual does so with the intention of: 21 (i) *dishonestly obtaining an advantage (whether financial 22 or otherwise) for himself or herself or any other person; 23 or 24 (ii) dishonestly causing a detriment to another person. 25 Penalty: Imprisonment for 10 years or 1,000 penalty units, or 26 both. 27 (2) In a prosecution for an offence against subsection (1), the 28 determination of *dishonesty is a matter for the trier of fact. 29 (3) In this section: 30 [Page Break] 1 injury or to loss of, or damage to, property. 2 obtain includes: 3 (a) obtain for another person; and 4 (b) induce a third person to do something that results in another 5 person obtaining. 6 [Page Break] Division 7--Other offences 2 63 Protection of access card name and symbol 3 (1) A person commits an offence if the person, without the Minister's 4 consent, does any of the following with a protected name or 5 protected symbol: 6 (a) uses it in relation to a business, trade, profession or 7 occupation; or 8 (b) uses it as the name, or as part of the name, of any firm, body 9 corporate, institution, premises, vehicle, ship or craft 10 (including aircraft); or 11 (c) applies it, as a trade mark or otherwise, to goods imported, 12 manufactured, produced, sold, offered for sale or let on hire; 13 or 14 (d) uses it as part of a domain name; or 15 (e) uses it in relation to: 16 (i) goods or services; or 17 (ii) the promotion, by any means, of the supply or use of 18 goods or services. 19 Penalty: 30 penalty units. 20 (2) In this section: 21 protected name means any of the following names: 22 (a) "Health and Social Services Access Card"; 23 (b) a name determined under section 27 (whether or not the 24 determination remains in force); 25 (c) a name so closely resembling a name in paragraph (a) or (b) 26 as to be likely to be mistaken for it. 27 protected symbol means: 28 (a) a symbol determined under section 27 (whether or not the 29 determination remains in force); or 30 (b) a symbol so closely resembling the symbol in paragraph (a) 31 as to be likely to be mistaken for it. 32 [Page Break] Part 5--Miscellaneous 2 Division 1--What this Part is about 3 64 What this Part is about 4 This Part deals with miscellaneous matters. 5 Division 2 is about exemptions and other determinations. 6 Division 3 is about delegations and authorisations. 7 Division 4 has other miscellaneous provisions. 8 [Page Break] Division 2--Exemptions and other determinations 2 65 Exemptions by the Minister, DVA Minister, Secretary or DVA 3 Secretary 4 Exemptions by class 5 (1) The Minister may, in writing, determine that individuals (other 6 than *DVA individuals) included in a specified class are exempt 7 from any of the requirements set out in subsection (5). The 8 Minister must publish a notice of the determination. 9 (2) The *DVA Minister may, in writing, determine that *DVA 10 individuals included in a specified class are exempt from any of the 11 requirements set out in subsection (5). The DVA Minister must 12 publish a notice of the determination. 13 Exemptions for specific individuals 14 (3) The Secretary may, in writing, determine that a specified individual 15 (other than a *DVA individual) is exempt from any of the 16 requirements set out in subsection (5). 17 (4) The *DVA Secretary may, in writing, determine that a specified 18 *DVA individual is exempt from any of the requirements set out in 19 subsection (5). 20 Requirements 21 (5) These are the requirements for which an individual may be 22 exempted: 23 (a) the requirement to be at least 18 to be eligible for an access 24 card (see paragraph 22(b)); 25 (b) the requirement to attend an interview to be issued an access 26 card (see paragraph 24(1)(c)); 27 (c) the requirement to have his or her photograph taken (see 28 paragraph 24(1)(d)); 29 (d) the requirement to provide his or her signature (see paragraph 30 24(1)(e)); 31 [Page Break] 1 15(1), item 1 of the table in subsection 17(1), section 30 and 2 subsection 34(1)); 3 (f) the requirement to have his or her residential address 4 included in the Commonwealth's area of the *chip in his or 5 her access card (see item 4 of the table in subsection 34(1)). 6 (6) A determination made under this section is not a legislative 7 instrument. 8 66 Minister to determine identity guidelines 9 (1) The Minister must, by legislative instrument, determine guidelines 10 that the Secretary is to take into account when making a decision 11 under the following provisions: 12 (a) subparagraph 13(2)(b)(i); 13 (b) paragraph 13(4)(b); 14 (c) paragraph 14(c); 15 (d) subparagraph 23(2)(b)(i); 16 (e) paragraph 23(4)(b); 17 (f) paragraph 24(1)(f). 18 (2) The Secretary must take into account guidelines that are in force 19 under subsection (1) when making a decision under one of those 20 provisions. 21 67 DVA Minister may determine who are DVA individuals 22 (1) The *DVA Minister may determine that an individual is a DVA 23 individual for the purposes of paragraph (c) of the definition of 24 DVA individual in section 5. 25 Note: For determinations of individuals by class, see subsection 46(3) of the 26 Acts Interpretation Act 1901. 27 (2) A determination under subsection (1) may take effect from a day 28 before the day on which the determination is made. 29 (3) A determination made under subsection (1) is not a legislative 30 instrument. 31 [Page Break] Division 3--Delegations and authorisations 2 68 Delegations by the Minister 3 (1) The Minister may, in writing, delegate to a *Commonwealth officer 4 in a *participating agency any of the Minister's powers or functions 5 under this Act, other than those in: 6 (a) section 8 (administration of this Act to accord with 7 Australian Government policy); and 8 (b) item 17 of the table in subsection 17(1) (information on the 9 Register); and 10 (c) paragraph 24(1)(g) (requirements to be issued an access 11 card); and 12 (d) subsection 27(1) or (2) (access card name or symbol); and 13 (e) item 17 of the table in subsection 34(1) (information in the 14 Commonwealth's area of the chip in your access card); and 15 (f) section 65 (exemptions); and 16 (g) section 66 (identity guidelines). 17 Note: For delegation to individuals by class, see subsection 46(3) of the Acts 18 Interpretation Act 1901. 19 (2) The Minister may, in writing, delegate to the Secretary the 20 Minister's powers or functions under the provisions referred to in 21 paragraph (1)(b), (c), (e) and (f). 22 (3) In exercising a power or function under a delegation under 23 subsection (1) or (2), the individual delegated the power or 24 function must comply with any directions that the Minister gives to 25 the individual. 26 69 Delegations by the DVA Minister 27 (1) The *DVA Minister may, in writing, delegate to the *DVA 28 Secretary the DVA Minister's powers or functions under section 65 29 (exemptions) or 67 (DVA individual determinations). 30 [Page Break] 1 subsection (1), the *DVA Secretary must comply with any 2 directions that the *DVA Minister gives to the DVA Secretary. 3 70 Delegations by the Secretary 4 Delegation 5 (1) The Secretary may, in writing, delegate to the following any of the 6 Secretary's powers or functions under this Act: 7 (a) a *Commonwealth officer in a *participating agency; 8 (b) a Chief Executive of an Agency (within the meaning of the 9 Financial Management and Accountability Act 1997); 10 (c) one of following individuals in a *Commonwealth authority 11 or *Commonwealth company that is prescribed for the 12 purposes of this paragraph: 13 (i) a director of that authority or company; 14 (ii) a chief executive of that authority or company. 15 Note: For delegation to individuals by class, see subsection 46(3) of the Acts 16 Interpretation Act 1901. 17 (2) However, the Secretary must not delegate the Secretary's powers 18 or functions in subsection 16(1) to establish the *Register. 19 (3) In exercising a power or function under a delegation under 20 subsection (1), the individual delegated the power or function must 21 comply with any directions that the Secretary gives to the 22 individual. 23 Sub-delegation 24 (4) If, under subsection (1), the Secretary delegates a power or 25 function to an individual who is a Chief Executive of an Agency, 26 the Chief Executive may, in writing, sub-delegate the power or 27 function to a *Commonwealth officer in the Agency. 28 Note: For sub-delegation to individuals by class, see subsection 46(3) of the 29 Acts Interpretation Act 1901. 30 [Page Break] 1 subsection (4), the individual sub-delegated the power or function 2 must comply with any directions given by: 3 (a) the Secretary to the Chief Executive; and 4 (b) the Chief Executive to the individual. 5 (6) If, under subsection (1), the Secretary delegates a power or 6 function to an individual (the CEO) who is a director or chief 7 executive of a *Commonwealth authority or *Commonwealth 8 company, the CEO may, in writing, sub-delegate the power or 9 function to another individual in the service or employment of the 10 authority or company. 11 Note: For sub-delegation to individuals by class, see subsection 46(3) of the 12 Acts Interpretation Act 1901. 13 (7) In exercising a power or function under a sub-delegation under 14 subsection (6), the individual sub-delegated the power or function 15 must comply with any directions given by: 16 (a) the Secretary to the CEO; and 17 (b) the CEO to the individual. 18 71 Delegations by the DVA Secretary 19 (1) The *DVA Secretary may, in writing, delegate to a 20 *Commonwealth officer in a *participating agency the DVA 21 Secretary's powers or functions under section 65 (exemptions). 22 Note: For delegation to individuals by class, see subsection 46(3) of the Acts 23 Interpretation Act 1901. 24 (2) In exercising a power or function under a delegation under 25 subsection (1), the individual delegated the power or function must 26 comply with any directions that the *DVA Secretary gives to the 27 individual. 28 72 Authorisations by the Secretary 29 (1) The Secretary may, in writing, appoint: 30 (a) a *Commonwealth officer in a *participating agency; or 31 (b) a *Commonwealth officer prescribed by the regulations; or 32 (c) an individual prescribed by the regulations; 33 [Page Break] 1 of this Act in which the expression "authorised person" occurs. 2 Note: For appointment of individuals by class, see subsection 46(3) of the 3 Acts Interpretation Act 1901. 4 (2) In exercising powers or performing functions as an *authorised 5 person, the authorised person must comply with any directions that 6 the Secretary gives to the person. 7 [Page Break] Division 4--Other matters 2 73 Compensation for acquisition of property 3 (1) If the operation of this Act would result in an acquisition of 4 property from a person otherwise than on just terms, the 5 Commonwealth is liable to pay a reasonable amount of 6 compensation to the person. 7 (2) If the Commonwealth and the person do not agree on the amount 8 of the compensation, the person may institute proceedings in the 9 Federal Court of Australia for the recovery from the 10 Commonwealth of such reasonable amount of compensation as the 11 court determines. 12 (3) In this section: 13 acquisition of property has the same meaning as in paragraph 14 51(xxxi) of the Constitution. 15 just terms has the same meaning as in paragraph 51(xxxi) of the 16 Constitution. 17 74 Regulations 18 The Governor-General may make regulations prescribing matters: 19 (a) required or permitted by this Act to be prescribed; or 20 (b) necessary or convenient to be prescribed for carrying out or 21 giving effect to this Act. 22