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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Adult Proof of Age Card
Bill 2008
Queensland
Adult Proof of Age Card Bill 2008
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Object of Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Adult proof of age card
Division 1 Preliminary
5 What is an adult proof of age card . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Card is property of the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 2 Applying for card
7 Eligibility for card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Application for card. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9 Application for new card by electronic communication . . . . . . . . . 8
10 Request for further information or documents . . . . . . . . . . . . . . . 8
11 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12 Issue of card. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
13 Expiry of card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 3 Cancelling and surrendering card
14 Grounds for cancelling card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
15 Procedure for cancelling card. . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
16 Surrendering card. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 4 Replacing card
17 Chief executive may require card to be replaced . . . . . . . . . . . . . 12
18 Holder may apply for replacement card . . . . . . . . . . . . . . . . . . . . 12
Part 3 Offences
Division 1 General
19 Damaged, lost or stolen card . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Adult Proof of Age Card Bill 2008
Contents
Division 2 Offences relating to obtaining or using card
20 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
21 Damaging card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
22 False or misleading representation . . . . . . . . . . . . . . . . . . . . . . . 14
23 Wrongful dealing with documents relevant to obtaining card . . . . 14
24 Possessing another person's card . . . . . . . . . . . . . . . . . . . . . . . . 15
25 Documents purporting to be adult proof of age card . . . . . . . . . . 15
Part 4 APA register
26 Chief executive must maintain a register . . . . . . . . . . . . . . . . . . . 16
27 Form of APA register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
28 Amending APA register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
29 Inquiry into accuracy etc. of details in APA register . . . . . . . . . . . 17
30 Restricted release of information in APA register . . . . . . . . . . . . . 18
Part 5 Biometric data and other information relating to adult proof
of age card holders
31 Obtaining digital photo and digitised signature. . . . . . . . . . . . . . . 19
32 Using digital photo and digitised signature. . . . . . . . . . . . . . . . . . 20
33 Restricted access to digital photo. . . . . . . . . . . . . . . . . . . . . . . . . 21
34 Deleting digital photo and digitised signature from register . . . . . 22
35 Storing emergency contact information electronically on an
adult proof of age card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
36 Restricted access to information electronically stored on card . . 22
37 Retention period for digital photo and digitised signature . . . . . . 23
38 Annual report about access to digital photos . . . . . . . . . . . . . . . . 24
Part 6 Review and appeal
39 Review of original decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
40 Appeal against reviewed decision . . . . . . . . . . . . . . . . . . . . . . . . 25
Part 7 Legal proceedings
41 Application of pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
42 Evidence from APA register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
43 Proof of appointment and authority unnecessary. . . . . . . . . . . . . 26
44 Proof of signature unnecessary . . . . . . . . . . . . . . . . . . . . . . . . . . 26
45 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Part 8 Miscellaneous
46 Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
47 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Page 2
Adult Proof of Age Card Bill 2008
Contents
48 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
49 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Part 9 Amendment of other Acts
Division 1 Amendment of Liquor Act 1992
50 Act amended in div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
51 Replacement of s 6 (Acceptable evidence of age) . . . . . . . . . . . . 29
6 Acceptable evidence of age . . . . . . . . . . . . . . . . . . . . 29
52 Amendment of s 158 (False representation of age) . . . . . . . . . . . 30
53 Amendment of s 159 (Wrongful dealing with genuine evidence
of age) ........................................... 30
Division 2 Amendment of Tobacco and Other Smoking Products Act
1998
54 Act amended in div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
55 Amendment of schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Schedule Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Page 3
2008
A Bill
for
An Act to provide for the issue to an adult of a card that may be
used as proof of the age of its holder, and matters relating to
the card, and to amend the Liquor Act 1992 and the Tobacco
and Other Smoking Products Act 1998 for related purposes
Adult Proof of Age Card Bill 2008
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Adult Proof of Age Card Act 4
2008. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
3 Object of Act 8
(1) The object of this Act is to allow the chief executive to issue a 9
card-- 10
(a) on which information may be stored electronically; and 11
(b) that may be used by a person as identification of the 12
person's age. 13
(2) To ensure the integrity of adult proof of age cards, this Act 14
provides for the chief executive to establish a person's identity 15
before issuing the person with an adult proof of age card. 16
4 Definitions 17
The dictionary in the schedule defines particular words used 18
in this Act. 19
Page 6
Adult Proof of Age Card Bill 2008
Part 2 Adult proof of age card
[s 5]
Part 2 Adult proof of age card 1
Division 1 Preliminary 2
5 What is an adult proof of age card 3
An adult proof of age card is a card issued under this Act-- 4
(a) on which information may be stored electronically; and 5
(b) that-- 6
(i) contains a photo of the person to whom it is issued; 7
and 8
(ii) states the person's name and date of birth, 9
indicating that the person is 18 or more; and 10
(iii) contains a unique identifying number; and 11
(iv) states the expiry date for the card. 12
6 Card is property of the State 13
An adult proof of age card is and remains the property of the 14
State. 15
Division 2 Applying for card 16
7 Eligibility for card 17
A person is eligible for the issue of an adult proof of age card 18
(an eligible person) if the person-- 19
(a) ordinarily resides in Queensland; and 20
(b) is at least 18 years of age. 21
Page 7
Adult Proof of Age Card Bill 2008
Part 2 Adult proof of age card
[s 8]
8 Application for card 1
(1) An eligible person may apply to the chief executive for the 2
issue of an adult proof of age card. 3
(2) The application must be-- 4
(a) made in the approved form; and 5
(b) accompanied by-- 6
(i) documentary proof of the applicant's identity and 7
eligibility as mentioned in section 7; and 8
(ii) the prescribed fee. 9
9 Application for new card by electronic communication 10
(1) The holder of a valid adult proof of age card may apply by 11
electronic communication for a new adult proof of age card 12
if-- 13
(a) the holder's adult proof of age card is about to expire; 14
and 15
(b) there are at least 5 years before the end of the shelf life, 16
or the end of the most recent extension of the shelf life 17
under section 31(4), of the holder's most recent digital 18
photo and digitised signature; and 19
(c) the chief executive has given the holder written notice 20
that the person may apply by electronic communication 21
for a new adult proof of age card. 22
(2) The application must be-- 23
(a) made in the approved form; and 24
(b) made before the holder's adult proof of age card expires; 25
and 26
(c) accompanied by the prescribed fee. 27
10 Request for further information or documents 28
(1) The chief executive may, by written notice, require an 29
applicant to give to the chief executive any further information 30
Page 8
Adult Proof of Age Card Bill 2008
Part 2 Adult proof of age card
[s 11]
or documents the chief executive reasonably requires to 1
decide the application. 2
Example-- 3
a document of a stated type, for example, a valid Australian passport, 4
identifying the applicant 5
(2) If the applicant does not comply with the request, without 6
reasonable excuse, the chief executive may refuse to consider 7
the application. 8
11 Decision on application 9
(1) Subject to sections 10(2) and 31(2), the chief executive must 10
consider an application made under section 8 or 9 and either 11
grant it or refuse to grant it. 12
(2) However, the chief executive may only grant an application 13
made under section 8 if-- 14
(a) satisfied-- 15
(i) of the applicant's identity; and 16
(ii) that the applicant is an eligible person; and 17
(b) the prescribed fee has been paid. 18
(3) Also, the chief executive may only grant an application made 19
under section 9 if-- 20
(a) satisfied-- 21
(i) the applicant is the holder of a valid adult proof of 22
age card; and 23
(ii) there are at least 5 years before the end of the shelf 24
life, or the end of the most recent extension of the 25
shelf life under section 31(4), of the holder's most 26
recent digital photo and digitised signature; and 27
(iii) the person ordinarily resides in Queensland; and 28
(b) the prescribed fee has been paid. 29
Page 9
Adult Proof of Age Card Bill 2008
Part 2 Adult proof of age card
[s 12]
(4) If the chief executive decides to refuse to grant the 1
application, the chief executive must give the applicant an 2
information notice for the decision. 3
12 Issue of card 4
(1) If the chief executive decides to grant the application, the 5
chief executive must issue an adult proof of age card to the 6
applicant. 7
(2) If the application was made under section 9, the chief 8
executive must issue the card to the person by sending it by 9
post to the address stated in the application for the purpose. 10
13 Expiry of card 11
Unless it is sooner cancelled under division 3, an adult proof 12
of age card expires 10 years after the day it is issued. 13
Division 3 Cancelling and surrendering card 14
14 Grounds for cancelling card 15
The chief executive may cancel an adult proof of age card if 16
the card was issued because of a document or representation 17
that was false or misleading. 18
15 Procedure for cancelling card 19
(1) If the chief executive considers a ground exists under section 20
14 to cancel a person's adult proof of age card, the chief 21
executive must give the person a written notice stating-- 22
(a) the chief executive is proposing to cancel the card; and 23
(b) the ground for the proposed cancellation; and 24
(c) an outline of the facts and circumstances forming the 25
basis for the ground; and 26
Page 10
Adult Proof of Age Card Bill 2008
Part 2 Adult proof of age card
[s 16]
(d) an invitation to the person to show cause in writing, 1
within a stated period of at least 28 days after the notice 2
is given to the holder, why the chief executive should not 3
cancel the card. 4
(2) If, after considering any written representations made within 5
the stated period, the chief executive still considers the ground 6
exists to cancel the card, the chief executive may cancel the 7
card by giving the person an information notice for the 8
decision to cancel the card. 9
(3) The cancellation takes effect when the person receives the 10
information notice under subsection (2). 11
(4) If the chief executive decides to cancel the card, the chief 12
executive must give the person a written direction to return the 13
card to the chief executive by the day, at least 14 days after the 14
direction is given to the person, stated in the direction. 15
(5) A person who is directed under subsection (4) to return an 16
adult proof of age card must comply with the direction, unless 17
the person has a reasonable excuse. 18
Maximum penalty--20 penalty units. 19
(6) A person does not contravene a direction under subsection (4) 20
if-- 21
(a) the card has been destroyed, lost or stolen; and 22
(b) the person notifies the chief executive in writing of the 23
details of the loss, theft or destruction within the period 24
stated in the direction. 25
16 Surrendering card 26
The holder of an adult proof of age card may surrender the 27
card by returning it, and giving written notice of its surrender, 28
to the chief executive. 29
Page 11
Adult Proof of Age Card Bill 2008
Part 2 Adult proof of age card
[s 17]
Division 4 Replacing card 1
17 Chief executive may require card to be replaced 2
(1) This section applies if-- 3
(a) information stated on an adult proof of age card is 4
incorrect; and 5
(b) the chief executive reasonably believes the error was 6
caused by the chief executive. 7
(2) The chief executive may, by written notice, require the holder 8
of the card to return the card to the chief executive. 9
(3) The notice must include a statement identifying the 10
information that is incorrect and the correct information. 11
(4) The holder must comply with the notice, unless the holder has 12
a reasonable excuse. 13
Maximum penalty--20 penalty units. 14
(5) On receipt of the card, the chief executive must issue to the 15
holder a replacement adult proof of age card stating the 16
correct information. 17
18 Holder may apply for replacement card 18
(1) This section applies if-- 19
(a) information stated on an adult proof of age card is 20
incorrect; or 21
(b) the holder of a valid adult proof of age card becomes 22
aware, or reasonably suspects, the card has been 23
damaged, lost or stolen. 24
(2) The holder of the card may apply to the chief executive for the 25
issue of a replacement card. 26
(3) The application must be-- 27
(a) made in the approved form; and 28
(b) accompanied by-- 29
Page 12
Adult Proof of Age Card Bill 2008
Part 3 Offences
[s 19]
(i) the card, unless it was, or the holder reasonably 1
suspects it was, destroyed, lost or stolen; and 2
(ii) the prescribed fee. 3
(4) After receiving the application, the chief executive must issue 4
a replacement adult proof of age card to the holder. 5
(5) If the application was made because information stated on the 6
adult proof of age card was incorrect, the replacement card 7
must state the correct information. 8
Part 3 Offences 9
Division 1 General 10
19 Damaged, lost or stolen card 11
(1) This section applies if the holder of a valid adult proof of age 12
card (the original card) becomes aware, or reasonably 13
suspects, the card has been damaged, lost or stolen. 14
(2) As soon as practicable after becoming aware or forming the 15
suspicion as mentioned in subsection (1), the holder must give 16
the chief executive written notice of the damage, loss or theft. 17
Maximum penalty--20 penalty units. 18
(3) If the original card comes into, or returns to, the holder's 19
possession after a replacement card is issued to the holder, the 20
holder must return the original card to the chief executive. 21
Maximum penalty--20 penalty units. 22
Page 13
Adult Proof of Age Card Bill 2008
Part 3 Offences
[s 20]
Division 2 Offences relating to obtaining or 1
using card 2
20 Application of div 2 3
This division does not apply to any of the following persons 4
carrying out a function, or exercising a power, under this or 5
another Act-- 6
(a) the chief executive; 7
(b) the commissioner of the police service; 8
(c) a police officer. 9
21 Damaging card 10
A person must not wilfully damage an adult proof of age card. 11
Maximum penalty--40 penalty units. 12
22 False or misleading representation 13
(1) A person must not, for this Act, give the chief executive a 14
document containing information the person knows is false or 15
misleading in a material particular. 16
Maximum penalty--40 penalty units. 17
(2) Subsection (1) does not apply to information contained in a 18
document if the person, when giving the document-- 19
(a) informs the chief executive, to the best of the person's 20
ability, how the information is false or misleading; and 21
(b) if the person has, or can reasonably obtain, the correct 22
information--gives the correct information. 23
23 Wrongful dealing with documents relevant to obtaining 24
card 25
(1) A person must not give another person a document that is, or 26
contains, evidence of the age of the person mentioned in the 27
Page 14
Adult Proof of Age Card Bill 2008
Part 3 Offences
[s 24]
document (the stated person), if the person knows, or ought 1
reasonably to know, that the document may be used to obtain 2
an adult proof of age card for someone other than the stated 3
person. 4
Maximum penalty--40 penalty units. 5
(2) A person must not give another person a document containing 6
information the person knows is false or misleading in a 7
material particular if the person knows, or ought reasonably to 8
know, the other person intends to use the document to obtain 9
an adult proof of age card. 10
Maximum penalty--40 penalty units. 11
24 Possessing another person's card 12
(1) A person must not possess another person's adult proof of age 13
card unless the person has a reasonable excuse. 14
Maximum penalty--40 penalty units. 15
(2) A person must not give the person's adult proof of age card to 16
another person if the person knows, or ought reasonably to 17
know, the other person intends to use the card to deceive 18
someone. 19
Maximum penalty--40 penalty units. 20
(3) For subsection (2), it is irrelevant whether the person intended 21
to be deceived is known or unknown, or exists or does not 22
exist. 23
25 Documents purporting to be adult proof of age card 24
(1) A person must not possess a document that resembles an adult 25
proof of age card and is calculated to deceive someone. 26
Maximum penalty--40 penalty units. 27
(2) A person must not give another person a document that 28
resembles an adult proof of age card and is calculated to 29
deceive someone. 30
Maximum penalty--40 penalty units. 31
Page 15
Adult Proof of Age Card Bill 2008
Part 4 APA register
[s 26]
(3) For subsections (1) and (2), it is irrelevant whether the person 1
intended to be deceived is known or unknown, or exists or 2
does not exist. 3
Part 4 APA register 4
26 Chief executive must maintain a register 5
(1) The chief executive must maintain a register (APA register) 6
containing the following details for each holder of an adult 7
proof of age card-- 8
(a) the holder's customer number; 9
(b) the holder's full name; 10
(c) the holder's residential address; 11
(d) if the holder's address for service of notices differs from 12
the holder's residential address--the holder's address 13
for service of notices; 14
(e) the holder's date of birth; 15
(f) the holder's sex; 16
(g) all of the following dates-- 17
(i) the date the card was issued to the holder; 18
(ii) the date the card expires; 19
(iii) if the card is replaced under part 2, division 4--the 20
date the replacement card was issued to the holder; 21
(h) a digital photo of the holder; 22
(i) a digitised signature of the holder. 23
(2) The chief executive may also record in the register any other 24
information the chief executive reasonably considers 25
appropriate for this Act. 26
(3) In this section-- 27
Page 16
Adult Proof of Age Card Bill 2008
Part 4 APA register
[s 27]
customer number, for a person, means the number the chief 1
executive gives to the person under this Act to identify the 2
person as the holder of an adult proof of age card. 3
27 Form of APA register 4
(1) The APA register may be entirely or partly in any of the 5
following forms-- 6
(a) a computer database; 7
(b) a documentary form; 8
(c) another form the chief executive considers appropriate. 9
(2) The APA register may be a part of another register maintained 10
by the chief executive under the Transport Operations (Road 11
Use Management) Act 1995. 12
28 Amending APA register 13
The chief executive, on his or her own initiative, or on 14
application by the holder of an adult proof of age card, may 15
amend the APA register-- 16
(a) to correct an error in it; or 17
(b) to include information missing from it; or 18
(c) to update the information in it. 19
29 Inquiry into accuracy etc. of details in APA register 20
(1) This section applies if the chief executive reasonably believes 21
information recorded in the APA register about the holder of 22
an adult proof of age card is inaccurate, incomplete or 23
misleading. 24
(2) The chief executive may give the holder a written notice 25
requiring the holder to give to the chief executive, by the date 26
stated in the notice, further information or documents relating 27
to the information considered to be inaccurate, incomplete or 28
misleading. 29
Page 17
Adult Proof of Age Card Bill 2008
Part 4 APA register
[s 30]
(3) The date stated in the notice must be at least 28 days after the 1
notice is given to the holder. 2
(4) The holder must comply with the notice, unless the holder has 3
a reasonable excuse. 4
Maximum penalty for subsection (4)--20 penalty units. 5
30 Restricted release of information in APA register 6
(1) The chief executive may release information kept in the APA 7
register about a person's adult proof of age card to-- 8
(a) on receiving an application in the approved form-- 9
(i) the person; or 10
(ii) with the person's written consent--another entity; 11
or 12
(b) the commissioner of the police service for the purpose 13
of any function of the commissioner or any function of 14
the police service; or 15
(c) a person who issues proof of age cards under a law of 16
the Commonwealth or another State, and the release of 17
the information is for issuing a proof of age card under 18
that law. 19
(2) Also, the chief executive may release to an entity information 20
kept in the APA register about a person's adult proof of age 21
card if-- 22
(a) the person produces the card to the entity as proof of the 23
person's identity; and 24
(b) the entity applies in the approved form for the 25
information; and 26
(c) the information is necessary to verify the validity of the 27
card. 28
(3) Before releasing information to a person under subsection 29
(1)(c), the chief executive must be satisfied any release of the 30
information by the person will be limited to circumstances 31
similar to those mentioned in subsection (1). 32
Page 18
Adult Proof of Age Card Bill 2008
Part 5 Biometric data and other information relating to adult proof of age card holders
[s 31]
(4) Information that may be released under subsection (1) or (2) 1
does not include a digital photo and digitised signature. 2
(5) An application mentioned in subsection (1)(a) or (2)(b) may 3
be made by electronic communication. 4
(6) In this section-- 5
proof of age card, under a law of the Commonwealth or 6
another State, means a document that-- 7
(a) contains a photo of the person to whom it is issued; and 8
(b) states the person's name and date of birth, indicating 9
that the person has attained a particular age. 10
Part 5 Biometric data and other 11
information relating to adult 12
proof of age card holders 13
31 Obtaining digital photo and digitised signature 14
(1) A person who applies for the issue or replacement of an adult 15
proof of age card must allow the chief executive to take and 16
keep a digital photo and digitised signature of the person. 17
(2) If the person does not comply with subsection (1), the chief 18
executive must refuse to consider the application. 19
(3) Subsection (1) does not apply to the person if-- 20
(a) as allowed under this Act or a prescribed smartcard Act, 21
the chief executive is keeping the person's most recent 22
digital photo and digitised signature; and 23
(b) the chief executive is satisfied the person's most recent 24
digital photo is still a true likeness of the person; and 25
(c) the shelf life of the person's most recent digital photo 26
and digitised signature, or the most recent extension of 27
the shelf life under subsection (4), has not ended and 28
Page 19
Adult Proof of Age Card Bill 2008
Part 5 Biometric data and other information relating to adult proof of age card holders
[s 32]
will not end before the term of the adult proof of age 1
card ends. 2
(4) The chief executive may, for this Act, extend the shelf life of 3
the most recent digital photo and digitised signature of a 4
person. 5
(5) The period for which the shelf life may be extended under 6
subsection (4) must not result in the shelf life being extended 7
under the subsection for periods totalling more than 6 months. 8
Example-- 9
If the shelf life has been extended previously under subsection (4) for 2 10
months, the next extension under the subsection must not be for more 11
than 4 months. 12
32 Using digital photo and digitised signature 13
(1) The chief executive may, with a person's consent, use the 14
person's most recent digital photo and digitised signature for 15
any of the following purposes-- 16
(a) to help identify the person for deciding whether or not to 17
grant an application for an adult proof of age card; 18
(b) to reproduce the person's digital photo and digitised 19
signature on an adult proof of age card; 20
(c) to verify the person's identity for security purposes 21
relating to the adult proof of age card. 22
Example of security purposes-- 23
the obtaining or resetting of a PIN for the adult proof of age card 24
(2) The chief executive may use a person's most recent digital 25
photo and digitised signature to help in an investigation of, or 26
proceeding for, an offence that-- 27
(a) happens-- 28
(i) in making the application for which the person's 29
digital photo and digitised signature are taken 30
under section 31(1); or 31
(ii) during the retention period for the digital photo and 32
digitised signature; and 33
Page 20
Adult Proof of Age Card Bill 2008
Part 5 Biometric data and other information relating to adult proof of age card holders
[s 33]
(b) involves a person obtaining or attempting to obtain any 1
of the following by a false statement, misrepresentation 2
or any other dishonest way-- 3
(i) an adult proof of age card or its renewal; 4
(ii) a PIN or other security for an adult proof of age 5
card. 6
33 Restricted access to digital photo 7
(1) The chief executive may allow a person to access a digital 8
photo kept by the chief executive under this Act if each of the 9
following applies-- 10
(a) the person's facial image is encoded on the digital 11
photo; 12
(b) the person applies to the chief executive, in the approved 13
form, for the access; 14
(c) the person establishes, to the chief executive's 15
reasonable satisfaction, the person's connection to the 16
digital photo by other evidence of his or her identity, or 17
by facial recognition technology. 18
Example of other evidence for paragraph (c)-- 19
a valid Australian passport 20
(2) An application mentioned in subsection (1)(b) may be made 21
by electronic communication. 22
(3) The chief executive must allow a police officer to access a 23
digital photo kept by the chief executive under this Act if-- 24
(a) the access is for exercising a power in relation to this 25
Act; or 26
(b) the access is authorised under the Police Powers and 27
Responsibilities Act 2000. 28
(4) In this section-- 29
access, a digital photo, means obtain a copy of the digital 30
photo, including by electronic communication. 31
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Adult Proof of Age Card Bill 2008
Part 5 Biometric data and other information relating to adult proof of age card holders
[s 34]
34 Deleting digital photo and digitised signature from 1
register 2
When the retention period for a digital photo and digitised 3
signature taken under this Act ends, the chief executive must 4
delete the photo and signature from any register kept by the 5
chief executive under this Act. 6
35 Storing emergency contact information electronically on 7
an adult proof of age card 8
(1) An applicant for an adult proof of age card, or the holder of a 9
valid adult proof of age card, may apply to the chief executive, 10
in the approved form, to have the person's emergency contact 11
information stored electronically on the card. 12
(2) After receiving the application, the chief executive must 13
electronically store the emergency contact information on the 14
card. 15
36 Restricted access to information electronically stored on 16
card 17
(1) A person must not access information stored electronically on 18
an adult proof of age card, unless the person is-- 19
(a) the holder of the card; or 20
(b) a person who has the holder's consent to access the 21
information; or 22
(c) a police officer who is authorised under the Police 23
Powers and Responsibilities Act 2000 to access the 24
information; or 25
(d) subject to subsection (2), another person who is 26
authorised under another Act to access the information. 27
Maximum penalty--20 penalty units. 28
(2) A person acting under subsection (1)(d) must not access 29
emergency contact information stored electronically on the 30
adult proof of age card. 31
Maximum penalty--20 penalty units. 32
Page 22
Adult Proof of Age Card Bill 2008
Part 5 Biometric data and other information relating to adult proof of age card holders
[s 37]
(3) In this section-- 1
access, in relation to information stored electronically on an 2
adult proof of age card, means view or take a copy of the 3
information. 4
37 Retention period for digital photo and digitised signature 5
(1) Subject to subsections (2) to (5), the retention period for a 6
digital photo and digitised signature is 30 years after the day 7
on which the digital photo and digitised signature are taken 8
under this Act or a prescribed smartcard Act. 9
(2) Unless subsection (4) or (5) applies, the retention period for a 10
digital photo and digitised signature taken under section 11
31(1), if the adult proof of age card mentioned in that 12
subsection was not granted or renewed, is-- 13
(a) 6 months after the day on which the digital photo and 14
digitised signature are taken; or 15
(b) the period decided by the chief executive; 16
whichever is the shorter period. 17
(3) Unless subsection (4) or (5) applies, the retention period for a 18
digital photo and digitised signature taken under a regulation 19
for verification of a person's identity as mentioned in section 20
49(4)(b) is 24 hours after the digital photo and digitised 21
signature are taken. 22
(4) Despite subsections (2) and (3), if-- 23
(a) an investigation as mentioned in section 32(2) is started 24
before the end of the retention period worked out under 25
subsection (2) or (3) for a digital photo and digitised 26
signature; and 27
(b) the chief executive reasonably requires the digital photo 28
and digitised signature to be kept for a longer period for 29
the investigation or a proceeding resulting from the 30
investigation; 31
the retention period for the digital photo and digitised 32
signature is the longer period mentioned in paragraph (b). 33
Page 23
Adult Proof of Age Card Bill 2008
Part 6 Review and appeal
[s 38]
(5) Despite subsections (2) to (4), if a prescribed smartcard Act 1
provides for a shorter retention period for the digital photo 2
and digitised signature than the period worked out under those 3
subsections, the retention period for the photo and signature 4
for this Act is the shorter period. 5
38 Annual report about access to digital photos 6
(1) Not later than 4 months after the end of each financial year, 7
the chief executive must prepare and give to the Minister an 8
annual report stating the number of occasions on which access 9
within the meaning of section 33 was allowed under section 10
33(3) during the financial year to digital photos kept under 11
this Act. 12
(2) The Minister must cause a copy of the report to be laid before 13
the Legislative Assembly within 14 days after the Minister 14
receives it. 15
Part 6 Review and appeal 16
39 Review of original decision 17
(1) A person whose interests are affected by either of the 18
following decisions (the original decision) of the chief 19
executive may ask the chief executive to review the 20
decision-- 21
(a) a decision to refuse to issue an adult proof of age card; 22
(b) a decision to cancel an adult proof of age card. 23
(2) The person is entitled to receive a statement of reasons for the 24
original decision whether or not the provision of this Act 25
under which the decision was made requires that the person be 26
given a statement of reasons for the decision. 27
(3) The Transport Planning and Coordination Act 1994, part 5, 28
division 2-- 29
Page 24
Adult Proof of Age Card Bill 2008
Part 7 Legal proceedings
[s 40]
(a) applies to the review; and 1
(b) provides-- 2
(i) for the procedure for applying for the review and 3
the way it is to be carried out; and 4
(ii) that the original decision may be stayed by the 5
person by applying to a Magistrates Court. 6
40 Appeal against reviewed decision 7
(1) This section applies if the chief executive conducting a review 8
under section 39 confirms or amends an original decision 9
affecting a person or substitutes another decision. 10
(2) The person may appeal against the confirmed, amended or 11
substituted decision (the reviewed decision) to a Magistrates 12
Court. 13
(3) The Transport Planning and Coordination Act 1994, part 5, 14
division 3-- 15
(a) applies to the appeal; and 16
(b) provides-- 17
(i) for the procedure for the appeal and the way it is to 18
be disposed of; and 19
(ii) that the reviewed decision may be stayed by the 20
person by applying to the Magistrates Court that is 21
to hear the appeal. 22
Part 7 Legal proceedings 23
41 Application of pt 7 24
This part applies to a proceeding under this Act. 25
Page 25
Adult Proof of Age Card Bill 2008
Part 7 Legal proceedings
[s 42]
42 Evidence from APA register 1
A certificate purporting to be signed by the chief executive 2
and stating any of the following matters is evidence of the 3
matter-- 4
(a) a stated document is the APA register, a part of the APA 5
register, or an extract from the APA register; 6
(b) a stated document is a copy of the register, part or 7
extract mentioned in paragraph (a); 8
(c) on a stated day, or for a stated period, a stated person 9
was or was not the holder of a valid adult proof of age 10
card; 11
(d) on a stated day, a stated person's adult proof of age card 12
expired, or was surrendered or cancelled. 13
43 Proof of appointment and authority unnecessary 14
(1) For a proceeding under this Act, the following must be 15
presumed unless a party to the proceeding, by prescribed 16
notice, requires proof of it-- 17
(a) the appointment of the chief executive; 18
(b) the authority of the chief executive to do anything under 19
this Act. 20
(2) In this section-- 21
prescribed notice, for a proceeding under this Act, means 22
notice given to the chief executive at least 14 days before the 23
day a court starts to hear the proceeding. 24
44 Proof of signature unnecessary 25
A signature purporting to be the signature of the chief 26
executive is evidence of the signature it purports to be. 27
Page 26
Adult Proof of Age Card Bill 2008
Part 8 Miscellaneous
[s 45]
45 Proceedings for offences 1
A proceeding for an offence against this Act is to be taken in a 2
summary way under the Justices Act 1886. 3
Part 8 Miscellaneous 4
46 Confidentiality 5
(1) A person must not disclose, record or use information that the 6
person gained-- 7
(a) through involvement in the administration of this Act; or 8
(b) because of an opportunity provided by the involvement. 9
Maximum penalty--200 penalty units. 10
(2) However, a person may disclose, record or use the 11
information-- 12
(a) in the discharge of a function under this Act; or 13
(b) if it is authorised-- 14
(i) under another Act or a regulation; or 15
(ii) by the person to whom the information relates; or 16
(c) in a proceeding before a court or tribunal in which the 17
information is relevant. 18
(3) In this section-- 19
disclose information means-- 20
(a) intentionally or recklessly disclose the information; or 21
(b) allow access to the information. 22
information includes a digital photo and digitised signature. 23
Page 27
Adult Proof of Age Card Bill 2008
Part 8 Miscellaneous
[s 47]
47 Protection from liability 1
(1) This section applies to each of the following persons (a 2
relevant person)-- 3
(a) the chief executive; 4
(b) a person authorised by the chief executive to do 5
something under this Act. 6
(2) A relevant person is not civilly liable for an act done, or 7
omission made, honestly and without negligence under this 8
Act. 9
(3) If subsection (2) prevents civil liability attaching to a relevant 10
person, the liability attaches instead to the State. 11
48 Approved forms 12
The chief executive may approve forms for use under this Act. 13
49 Regulation-making power 14
(1) The Governor in Council may make regulations under this 15
Act. 16
(2) Without limiting subsection (1), a regulation made under this 17
Act may do any or all of the following-- 18
(a) impose a penalty of not more than 20 penalty units for a 19
contravention of a provision of the regulation; 20
(b) subject to subsection (3), prescribe fees payable under 21
this Act and the matters for which fees are payable; 22
(c) provide for the review or appeal of decisions made 23
under the regulation. 24
(3) A regulation can not prescribe a fee for the replacement of an 25
adult proof of age card if the replacement is the result of 26
information on the card being incorrect because of an error 27
made by the chief executive. 28
(4) Also, without limiting subsection (1), a regulation may 29
provide for the following-- 30
Page 28
Adult Proof of Age Card Bill 2008
Part 9 Amendment of other Acts
[s 50]
(a) a PIN to be used by the holder of a valid adult proof of 1
age card as a security measure to protect information 2
stored electronically on the card; 3
(b) verification of a person's identity for security purposes 4
relating to an adult proof of age card, including, for 5
example, by requiring the person to allow the chief 6
executive to take a digital photo and digitised signature 7
of the person. 8
Part 9 Amendment of other Acts 9
Division 1 Amendment of Liquor Act 1992 10
50 Act amended in div 1 11
This division amends the Liquor Act 1992. 12
51 Replacement of s 6 (Acceptable evidence of age) 13
Section 6-- 14
omit, insert-- 15
`6 Acceptable evidence of age 16
`(1) For this Act, acceptable evidence of the age of a person is a 17
document that is-- 18
(a) a proof of age card issued to the person by-- 19
(i) the chief executive of the department in which the 20
Transport Operations (Road Use Management) Act 21
1995 is administered; or 22
(ii) an entity of the Commonwealth or another State 23
performing functions similar to the functions of the 24
chief executive under the Adult Proof of Age Card 25
Act 2008; or 26
Page 29
Adult Proof of Age Card Bill 2008
Part 9 Amendment of other Acts
[s 52]
(iii) an entity approved in writing by the chief 1
executive; or 2
(b) an adult proof of age card issued under the Adult Proof 3
of Age Card Act 2008. 4
`(2) For subsection (1)(a)-- 5
proof of age card means a document that-- 6
(a) contains a photo of the person to whom it is issued; and 7
(b) indicates by reference to the person's date of birth or 8
otherwise that the person has attained a particular age.'. 9
52 Amendment of s 158 (False representation of age) 10
Section 158(3), `mentioned in section 6(a)(i)'-- 11
omit, insert-- 12
`, or adult proof of age card, mentioned in section 6(1)'. 13
53 Amendment of s 159 (Wrongful dealing with genuine 14
evidence of age) 15
Section 159(1)(b), `mentioned in section 6(a)(i)'-- 16
omit, insert-- 17
`, or adult proof of age card, mentioned in section 6(1)'. 18
Division 2 Amendment of Tobacco and Other 19
Smoking Products Act 1998 20
54 Act amended in div 2 21
This division amends the Tobacco and Other Smoking 22
Products Act 1998. 23
55 Amendment of schedule 24
Schedule, definition proof of age card-- 25
Page 30
Adult Proof of Age Card Bill 2008
Part 9 Amendment of other Acts
[s 55]
omit, insert-- 1
`proof of age card means a proof of age card, or adult proof of 2
age card, mentioned in the Liquor Act 1992, section 6(1).'. 3
Page 31
Adult Proof of Age Card Bill 2008
Schedule
Schedule Dictionary 1
section 4 2
adult proof of age card see section 5. 3
APA register see section 26(1). 4
applicant means an applicant for an adult proof of age card. 5
card means an adult proof of age card. 6
damaged, in relation to an adult proof of age card-- 7
(a) means-- 8
(i) the card is damaged to an extent that-- 9
(A) any information on the card is impossible or 10
difficult to read without the use of 11
technology; or 12
(B) a digital photo or a digitised signature on the 13
card is impossible or difficult to recognise 14
without the use of technology; or 15
(ii) any information stored electronically on the card is 16
no longer accessible by using the holder's PIN; and 17
(b) includes destroyed. 18
digital photo means a facial image encoded in a digital form. 19
digitised signature means a person's signature encoded in a 20
digital image form. 21
electronic communication see the Electronic Transactions 22
(Queensland) Act 2001, schedule 2. 23
eligible person see section 7. 24
emergency contact information, of a holder of an adult proof 25
of age card, means any or all of the following information-- 26
(a) the name of a person to be contacted if there is a risk to 27
the holder's life or health; 28
Page 32
Adult Proof of Age Card Bill 2008
Schedule
(b) the following information about the person mentioned in 1
paragraph (a)-- 2
(i) the person's phone number; 3
(ii) the person's address. 4
holder, of an adult proof of age card, means the person to 5
whom the card is issued. 6
information notice, for a decision, means a notice stating the 7
following-- 8
(a) the decision; 9
(b) the reasons for the decision; 10
(c) the review and appeal information for the decision. 11
most recent digital photo, of a person-- 12
(a) means the most recent digital photo of the person taken 13
and kept by-- 14
(i) the chief executive under this Act; or 15
(ii) any chief executive under a prescribed smartcard 16
Act; and 17
(b) includes the most recent digital photo taken and kept 18
under the Transport Operations (Marine Safety) Act 19
1994 by the general manager appointed under the 20
Maritime Safety Queensland Act 2002. 21
most recent digitised signature, of a person-- 22
(a) means the most recent digitised signature of the person 23
taken and kept by-- 24
(i) the chief executive under this Act; or 25
(ii) any chief executive under a prescribed smartcard 26
Act; and 27
(b) includes the most recent digitised signature taken and 28
kept under the Transport Operations (Marine Safety) 29
Act 1994 by the general manager appointed under the 30
Maritime Safety Queensland Act 2002. 31
prescribed fee means the fee prescribed under a regulation. 32
Page 33
Adult Proof of Age Card Bill 2008
Schedule
prescribed smartcard Act means-- 1
(a) the Tow Truck Act 1973; or 2
(b) the Transport Operations (Marine Safety) Act 1994; or 3
(c) the Transport Operations (Passenger Transport) Act 4
1994; or 5
(d) the Transport Operations (Road Use Management) Act 6
1995. 7
retention period, for a digital photo and digitised signature, 8
means the retention period worked out under section 37. 9
review and appeal information, for a decision, means the 10
following information-- 11
(a) all rights of review or appeal under this Act for the 12
decision; 13
(b) the period in which the review or appeal must be started; 14
(c) how the rights of review or appeal are to be exercised; 15
(d) that a person applying for a review of the decision may 16
also apply for a stay of the decision. 17
shelf life, of a digital photo and digitised signature, means 10 18
years after the photo and signature are taken. 19
take, in relation to a digital photo or digitised signature, 20
includes obtain. 21
valid adult proof of age card means an adult proof of age card 22
that has not expired, or been surrendered or cancelled. 23
© State of Queensland 2008
Page 34
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