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Queensland
Transport (New Queensland
Driver Licensing) Amendment
Bill 2008
Queensland
Transport (New Queensland Driver
Licensing) Amendment Bill 2008
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Police Powers and Responsibilities Act 2000
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of ch 7 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Insertion of new ch 7, pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 5A Accessing registered digital photos and other
information
Division 1 Preliminary
195A Definitions for pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 2 Access approval order for registered digital
photo
195B Access approval order . . . . . . . . . . . . . . . . . . . . . . . . 9
195C Making access approval order . . . . . . . . . . . . . . . . . . 10
195D What access approval order authorises . . . . . . . . . . . 10
Division 3 Accessing registered digital photo in an
emergency
195E Accessing registered digital photo in an emergency . 10
195F Post-access approval order . . . . . . . . . . . . . . . . . . . . 11
195G Making of post-access approval order . . . . . . . . . . . . 11
195H Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 4 Accessing information stored electronically on
a smartcard transport authority
195I Accessing information stored electronically on a
prescribed document . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 5 Other provisions about accessing registered
digital photos and other information
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Contents
195J Giving copy of access approval order to relevant
entity ................................ 14
195K Using registered digital photo and information . . . . . . 14
195L Destruction of registered digital photo . . . . . . . . . . . . 14
6 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 15
Part 3 Amendment of Tow Truck Act 1973
7 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
8 Insertion of new pt 3, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 16
9 Insertion of new pt 3, divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 2 Biometric data and other information relating
to driver's certificate or assistant's certificate
19A Obtaining digital photo and digitised signature. . . . . . 16
19B Using digital photo and digitised signature. . . . . . . . . 17
19C Restricted access to a digital photo . . . . . . . . . . . . . . 18
19D Deleting digital photo and digitised signature from
register or similar record. . . . . . . . . . . . . . . . . . . . . . . 19
19E Restricted access to information stored electronically
on a smartcard certificate. . . . . . . . . . . . . . . . . . . . . . 19
19F Retention period for digital photo and digitised
signature .............................. 20
19G Annual report about access to digital photos . . . . . . . 21
Division 3 Restricted release of information about driver's
certificate or assistant's certificate
19H Restricted release of information . . . . . . . . . . . . . . . . 22
10 Amendment of s 36C (Confidentiality) . . . . . . . . . . . . . . . . . . . . . 22
11 Amendment of s 43 (Regulation-making power) . . . . . . . . . . . . . 22
12 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 23
Part 4 Amendment of Transport Operations (Marine Safety) Act
1994
13 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
14 Amendment of s 62 (Grant, amendment and renewal of
licences) ..................................... 25
15 Insertion of new pt 5, divs 3A and 3B. . . . . . . . . . . . . . . . . . . . . . 25
Division 3A Biometric data and other information relating
to marine licences
63A Obtaining digital photo and digitised signature. . . . . . 26
63B Using digital photo and digitised signature. . . . . . . . . 27
63C Restricted access to a digital photo . . . . . . . . . . . . . . 28
Page 2
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Contents
63D Deleting digital photo and digitised signature from
register or similar record. . . . . . . . . . . . . . . . . . . . . . . 29
63E Storing emergency contact information electronically
on a smartcard marine licence indicator . . . . . . . . . . 29
63F Restricted access to information stored electronically
on a smartcard marine licence indicator . . . . . . . . . . 30
63G Retention period for digital photo and digitised
signature .............................. 30
63H Annual report about access to digital photos . . . . . . . 31
Division 3B Restricted release of information about marine
licences
63I Restricted release of information . . . . . . . . . . . . . . . . 32
16 Replacement of s 205AC (Confidentiality) . . . . . . . . . . . . . . . . . . 33
205AC Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
17 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 34
Part 5 Amendment of Transport Operations (Passenger Transport)
Act 1994
18 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
19 Insertion of new ch 4, pt 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
20 Amendment of s 29 (Granting, renewing or refusing driver
authorisation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
21 Insertion of new s 34A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
34A Authorised driver must notify damage, loss or theft
of driver authorisation . . . . . . . . . . . . . . . . . . . . . . . 37
22 Insertion of new ch 4, pts 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . 37
Part 2 Biometric data and other information relating
to driver authorisation
35A Obtaining digital photo and digitised signature. . . . . . 38
35B Using digital photo and digitised signature. . . . . . . . . 39
35C Restricted access to a digital photo . . . . . . . . . . . . . . 40
35D Deleting digital photo and digital signature from
register or similar record. . . . . . . . . . . . . . . . . . . . . . . 41
35E Restricted access to information stored electronically
on a smartcard driver authorisation . . . . . . . . . . . . . . 41
35F Retention period for digital photo and digitised
signature .............................. 41
35G Annual report about access to digital photos . . . . . . . 42
Part 3 Restricted release of information about driver
authorisation
35H Restricted release of information . . . . . . . . . . . . . . . . 43
Page 3
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Contents
23 Amendment of s 148C (Confidentiality) . . . . . . . . . . . . . . . . . . . . 44
24 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 44
Part 6 Amendment of Transport Operations (Road Use
Management) Act 1995
25 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
26 Amendment of s 77 (Restricted release of Queensland driver
licence and traffic history information) . . . . . . . . . . . . . . . . . . . . . 45
27 Insertion of new s 77A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
77A Releasing information about Queensland driver
licence or traffic history for research purposes. . . . . . 46
28 Insertion of new ch 5, pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Part 3A Biometric data and other information relating
to prescribed authority holders
91A Obtaining digital photo and digitised signature. . . . . . 47
91B Using digital photo and digitised signature. . . . . . . . . 48
91C Restricted access to digital photo. . . . . . . . . . . . . . . . 49
91D Deleting digital photo and digitised signature from
register or similar record. . . . . . . . . . . . . . . . . . . . . . . 50
91E Storing emergency contact information electronically
on a smartcard driver licence . . . . . . . . . . . . . . . . . . . 50
91F Restricted access to information stored electronically
on a smartcard driver licence . . . . . . . . . . . . . . . . . . . 51
91G Retention period for digital photo and digitised
signature ............................. 52
91H Annual report about access to digital photos . . . . . . . 53
29 Amendment of s 143 (Confidentiality) . . . . . . . . . . . . . . . . . . . . . 53
30 Amendment of s 150A (Regulating form of licence) . . . . . . . . . . . 53
31 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 54
Page 4
2008
A Bill
for
An Act to amend the Police Powers and Responsibilities Act
2000, the Tow Truck Act 1973, the Transport Operations (Marine
Safety) Act 1994, the Transport Operations (Passenger
Transport) Act 1994 and the Transport Operations (Road Use
Management) Act 1995 for particular purposes
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Transport (New Queensland 4
Driver Licensing) Amendment Act 2008. 5
Clause 2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Police Powers 8
and Responsibilities Act 2000 9
Clause 3 Act amended in pt 2 10
This part amends the Police Powers and Responsibilities Act 11
2000. 12
Clause 4 Amendment of ch 7 hdg 13
Chapter 7, heading, after `documents,'-- 14
insert-- 15
`accessing registered digital photos and other 16
information,'. 17
Clause 5 Insertion of new ch 7, pt 5A 18
Chapter 7-- 19
Page 6
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 5]
insert-- 1
`Part 5A Accessing registered digital 2
photos and other information 3
`Division 1 Preliminary 4
`195A Definitions for pt 5A 5
`In this part-- 6
access means-- 7
(a) in relation to a registered digital photo--obtain a copy 8
of the digital photo, including by electronic 9
communication; or 10
(b) in relation to information stored electronically on a 11
smartcard transport authority--view or take a copy of 12
the information. 13
access approval order see section 195B(2). 14
adult proof of age card see the Adult Proof of Age Card Act 15
2008, section 5. 16
digital photo means a facial image encoded in a digital form. 17
emergency contact information, of a holder of a prescribed 18
document, means any or all of the following information-- 19
(a) the name of a person to be contacted if there is a risk to 20
the holder's life or health; 21
(b) the following information about a person mentioned in 22
paragraph (a)-- 23
(i) the person's phone number; 24
(ii) the person's address. 25
marine licence indicator means a marine licence indicator as 26
defined in the Transport Operations (Marine Safety) Act 27
1994, schedule. 28
Page 7
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 5]
post-access approval order see section 195F(1). 1
prescribed document means any of the following 2
documents-- 3
(a) an adult proof of age card; 4
(b) a driver's certificate or assistant's certificate as defined 5
in the Tow Truck Act 1973, schedule 2; 6
(c) a marine licence indicator; 7
(d) a driver authorisation as defined in the Transport 8
Operations (Passenger Transport) Act 1994, section 9
24(1); 10
(e) a prescribed authority as defined in the Transport 11
Operations (Road Use Management) Act 1995, schedule 12
4. 13
prescribed smartcard Act means any of the following Acts-- 14
(a) the Adult Proof of Age Card Act 2008; 15
(b) the Tow Truck Act 1973; 16
(c) the Transport Operations (Marine Safety) Act 1994; 17
(d) the Transport Operations (Passenger Transport) Act 18
1994; 19
(e) the Transport Operations (Road Use Management) Act 20
1995. 21
prescribed transport Act means a prescribed smartcard Act 22
other than the Adult Proof of Age Card Act 2008. 23
registered digital photo means a digital photo kept by a 24
relevant entity under a prescribed smartcard Act. 25
relevant entity, in relation to a prescribed document, means-- 26
(a) for a prescribed document other than a marine licence 27
indicator--the chief executive of the department in 28
which the prescribed smartcard Act under which the 29
document was given or issued is administered; or 30
(b) for a marine licence indicator-- 31
Page 8
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 5]
(i) the chief executive of the department in which the 1
Transport Operations (Marine Safety) Act 1994 is 2
administered; or 3
(ii) the general manager appointed under the Maritime 4
Safety Queensland Act 2002. 5
smartcard transport authority means any of the following-- 6
(a) a smartcard driver's certificate or a smartcard assistant's 7
certificate as defined in the Tow Truck Act 1973, 8
schedule 2; 9
(b) a smartcard marine licence indicator as defined in the 10
the Transport Operations (Marine Safety) Act 1994, 11
schedule; 12
(c) a smartcard driver authorisation as defined in the 13
Transport Operations (Passenger Transport) Act 1994, 14
section 35E(2); 15
(d) a smartcard authority as defined in the Transport 16
Operations (Road Use Management) Act 1995, section 17
91F(3). 18
`Division 2 Access approval order for 19
registered digital photo 20
`195B Access approval order 21
`(1) This section applies if a police officer considers it is 22
reasonably necessary for the investigation, prosecution or 23
enforcement of the criminal law for a police officer to access a 24
registered digital photo. 25
`(2) The police officer may apply to a justice for an order 26
authorising a police officer to access the registered digital 27
photo (access approval order). 28
`(3) The application must-- 29
(a) be sworn; and 30
Page 9
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 5]
(b) identify the registered digital photo for which the access 1
approval order is sought; and 2
(c) state the purpose for which the access is sought; and 3
(d) state why the police officer considers it is reasonably 4
necessary to access the registered digital photo for the 5
purpose mentioned in paragraph (c). 6
`195C Making access approval order 7
`(1) The justice may make the access approval order if satisfied it 8
is reasonably necessary for a police officer to access the 9
registered digital photo for which the order is sought for the 10
purpose for which the access is sought. 11
`(2) The access approval order must identify the registered digital 12
photo and the purpose for which the approval is given. 13
`195D What access approval order authorises 14
`An access approval order authorises a police officer to access 15
the registered digital photo identified in the order for the 16
purpose stated in the order. 17
`Division 3 Accessing registered digital photo 18
in an emergency 19
`195E Accessing registered digital photo in an emergency 20
`(1) This section applies if a police officer-- 21
(a) reasonably suspects there is an actual or imminent 22
serious risk to a person's life or health or to public 23
health or safety; and 24
(b) reasonably believes immediate access to a registered 25
digital photo of a particular person is likely to enable a 26
police officer to take action to reduce the risk. 27
Page 10
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 5]
`(2) The fact that a person is missing is not, for that reason only, an 1
actual or imminent serious risk to the person's life or health 2
for subsection (1)(a). 3
`(3) A police officer may access the registered digital photo for the 4
purpose of reducing the risk. 5
`195F Post-access approval order 6
`(1) As soon as reasonably practicable after accessing a registered 7
digital photo under section 195E(3), the police officer must 8
apply to a justice in writing for an order approving the access 9
(post-access approval order). 10
`(2) The application must be sworn and state the grounds on which 11
the post-access approval order is sought. 12
`(3) The applicant need not appear at the consideration of the 13
application, unless the justice otherwise requires. 14
`(4) The justice may refuse to consider the application until the 15
police officer gives the justice all the information the justice 16
requires about the application in the way the justice requires. 17
Example-- 18
The justice may require additional information supporting the 19
application to be given by statutory declaration. 20
`195G Making of post-access approval order 21
`The justice may make the post-access approval order only if 22
satisfied of each of the following-- 23
(a) in the circumstances existing before the police officer 24
accessed the registered digital photo under section 25
195E(3), the police officer had the suspicion and belief 26
required under that section for accessing the photo; 27
(b) there was no other way for the police officer to obtain 28
immediately a current photo of the person whose 29
registered digital photo was accessed. 30
Page 11
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 5]
`195H Appeal 1
`(1) This section applies if the justice refuses to make the 2
post-access approval order. 3
`(2) Within 28 days after the justice refuses to make the 4
post-access approval order, the commissioner may appeal 5
against the justice's order to a Magistrates Court. 6
`(3) The Magistrates Court hearing the appeal may-- 7
(a) confirm the justice's order; or 8
(b) set aside the justice's order and make a post-access 9
approval order for the access. 10
`Division 4 Accessing information stored 11
electronically on a smartcard 12
transport authority 13
`195I Accessing information stored electronically on a 14
prescribed document 15
`(1) A police officer may, without the consent of the holder of a 16
prescribed document, access information (other than 17
emergency contact information) stored electronically on the 18
document for the purpose of exercising a power-- 19
(a) under a prescribed transport Act; or 20
(b) in relation to the Criminal Code, section 328A. 21
Note-- 22
The Criminal Code, section 328A creates offences for the dangerous 23
operation of a vehicle. 24
`(2) A police officer may, without the consent of the holder of a 25
prescribed document, access emergency contact information 26
stored electronically on the document if the police officer 27
reasonably believes-- 28
(a) there is an immediate risk to the holder's life or health; 29
and 30
Page 12
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 5]
(b) immediate access to the information is likely to enable a 1
police officer to take action to reduce the risk; and 2
(c) the holder is unable, for any reason, to give the police 3
officer the holder's emergency contact information. 4
Example-- 5
The holder is incoherent or unconscious. 6
`(3) Also, a police officer may access emergency contact 7
information stored electronically on a prescribed document if 8
emergency circumstances exist in which-- 9
(a) the holder of the prescribed document has died; and 10
(b) a person with, or near, the holder is a person whom the 11
police officer reasonably believes-- 12
(i) is a minor or has, or appears to have, a mental, 13
intellectual or physical impairment; and 14
(ii) is a dependant of the holder because of an attribute 15
mentioned in subparagraph (i); and 16
(iii) because of the attribute, is unable to give the police 17
officer the holder's emergency contact information. 18
`(4) A police officer may only use the emergency contact 19
information accessed under subsection (3) for giving 20
reasonable help to the person who is with, or near, the 21
deceased holder of the prescribed document. 22
`(5) In this section-- 23
intellectual impairment means a condition of a person that-- 24
(a) is attributable to an intellectual, psychiatric, cognitive or 25
neurological impairment of the person or a combination 26
of those impairments; and 27
(b) results in-- 28
(i) a substantial reduction of the person's capacity for 29
communication, social interaction or learning; and 30
(ii) the person needing support. 31
Page 13
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 5]
`Division 5 Other provisions about accessing 1
registered digital photos and other 2
information 3
`195J Giving copy of access approval order to relevant 4
entity 5
`As soon as practicable after an access approval order or 6
post-access approval order is made in relation to a prescribed 7
document, the commissioner must give the relevant entity a 8
copy of the order. 9
`195K Using registered digital photo and information 10
`A police officer may only use a registered digital photo, or 11
information stored electronically on a smartcard transport 12
authority, that has been accessed under this part for the 13
purpose for which the access was allowed. 14
`195L Destruction of registered digital photo 15
`(1) As soon as practicable after a registered digital photo accessed 16
by a police officer under this part or a prescribed smartcard 17
Act is no longer required for the purpose for which it was 18
accessed, the police officer who accessed the photo must 19
destroy all copies of it obtained from the access. 20
`(2) If a registered digital photo is accessed under section 195E 21
and a post-access approval order is not obtained for the photo, 22
the police officer who accessed the photo must destroy all 23
copies of it obtained from the access as soon as practicable 24
after-- 25
(a) unless paragraph (b) applies, the 28 days mentioned in 26
section 195H(2) ends; or 27
(b) if the commissioner starts an appeal under that section 28
in relation to the access--the appeal is finally decided. 29
`(3) The destruction of a registered digital photo under this section 30
must be carried out in the presence of a justice.'. 31
Page 14
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 6]
Clause 6 Amendment of sch 6 (Dictionary) 1
Schedule 6-- 2
insert-- 3
`access, for chapter 7, part 5A, see section 195A. 4
access approval order, for chapter 7, part 5A, see section 5
195B(2). 6
adult proof of age card, for chapter 7, part 5A, see section 7
195A. 8
digital photo, for chapter 7, part 5A, see section 195A. 9
emergency contact information, of a holder of a prescribed 10
document, for chapter 7, part 5A, see section 195A. 11
marine licence indicator, for chapter 7, part 5A, see section 12
195A. 13
post-access approval order, for chapter 7, part 5A, see section 14
195A. 15
prescribed document, for chapter 7, part 5A, see section 16
195A. 17
prescribed smartcard Act, for chapter 7, part 5A, see section 18
195A. 19
prescribed transport Act, for chapter 7, part 5A, see section 20
195A. 21
registered digital photo, for chapter 7, part 5A, see section 22
195A. 23
relevant entity see section 195A. 24
smartcard transport authority see section 195A.'. 25
Page 15
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 3 Amendment of Tow Truck Act 1973
[s 7]
Part 3 Amendment of Tow Truck Act 1
1973 2
Clause 7 Act amended in pt 3 3
This part amends the Tow Truck Act 1973. 4
Clause 8 Insertion of new pt 3, div 1 hdg 5
Part 3, before section 13-- 6
insert-- 7
`Division 1 General'. 8
Clause 9 Insertion of new pt 3, divs 2 and 3 9
Part 3, after section 19-- 10
insert-- 11
`Division 2 Biometric data and other 12
information relating to driver's 13
certificate or assistant's certificate 14
`19A Obtaining digital photo and digitised signature 15
`(1) A person who applies for the grant or renewal of a driver's 16
certificate or assistant's certificate (the authority applied for), 17
or for a duplicate of a driver's certificate or assistant's 18
certificate, must allow the chief executive to take and keep a 19
digital photo and digitised signature of the person. 20
`(2) If the person does not comply with subsection (1), the chief 21
executive must refuse to consider the application. 22
`(3) Subsection (1) does not apply to the person if-- 23
(a) as allowed under this Act or a prescribed smartcard Act, 24
the chief executive is keeping the person's most recent 25
digital photo and digitised signature; and 26
Page 16
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 3 Amendment of Tow Truck Act 1973
[s 9]
(b) the chief executive is satisfied the person's most recent 1
digital photo is still a true likeness of the person; and 2
(c) the shelf life of the person's most recent digital photo 3
and digitised signature, or the most recent extension of 4
the shelf life under subsection (4), has not ended and 5
will not end before-- 6
(i) the term of the authority applied for ends; or 7
(ii) if a duplicate of the person's driver's certificate or 8
assistant's certificate is applied for--the term of 9
the driver's certificate or assistant's certificate 10
ends. 11
`(4) The chief executive may, for this Act, extend the shelf life of 12
the person's most recent digital photo and digitised signature. 13
`(5) The period for which the shelf life may be extended under 14
subsection (4) must not result in the shelf life being extended 15
under the subsection for periods totalling more than 6 months. 16
Example-- 17
If the shelf life has been extended previously under subsection (4) for 2 18
months, the next extension under the subsection must not be for more 19
than 4 months. 20
`(6) In this section-- 21
shelf life, of a digital photo and digitised signature, means 10 22
years after the photo and signature are taken. 23
`19B Using digital photo and digitised signature 24
`(1) The chief executive may, with a person's consent, use the 25
person's most recent digital photo and digitised signature for 26
any of the following purposes-- 27
(a) to help identify the person for deciding whether or not to 28
grant an application for a relevant certificate; 29
(b) to reproduce the person's digital photo and digitised 30
signature on a relevant certificate; 31
(c) to verify the person's identity for security purposes 32
relating to the relevant certificate. 33
Page 17
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 3 Amendment of Tow Truck Act 1973
[s 9]
Example of security purposes-- 1
the obtaining or resetting of a PIN for the relevant certificate 2
`(2) The chief executive may use a person's most recent digital 3
photo and digitised signature to help in an investigation of, or 4
proceeding for, an offence that-- 5
(a) happens-- 6
(i) in making the application for which the person's 7
digital photo and digitised signature are taken 8
under section 19A(1); or 9
(ii) during the retention period for the digital photo and 10
digitised signature; and 11
(b) involves a person obtaining or attempting to obtain any 12
of the following by a false statement, misrepresentation 13
or any other dishonest way-- 14
(i) a relevant certificate or its renewal; 15
(ii) a PIN or other security for a relevant certificate. 16
`(3) In this section-- 17
relevant certificate means-- 18
(a) a driver's certificate or assistant's certificate; or 19
(b) a duplicate of a driver's certificate or assistant's 20
certificate. 21
`19C Restricted access to a digital photo 22
`(1) The chief executive may allow a person to access a digital 23
photo kept by the chief executive under this Act if each of the 24
following applies-- 25
(a) the person's facial image is encoded on the digital 26
photo; 27
(b) the person applies to the chief executive, in the approved 28
form, for the access; 29
(c) the person establishes, to the chief executive's 30
reasonable satisfaction, the person's connection to the 31
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Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 3 Amendment of Tow Truck Act 1973
[s 9]
digital photo by other evidence of his or her identity, or 1
by facial recognition technology. 2
Example of other evidence for paragraph (c)-- 3
a valid Australian passport 4
`(2) An application mentioned in subsection (1)(b) may be made 5
by electronic communication. 6
`(3) The chief executive must allow a police officer to access a 7
digital photo kept by the chief executive under this Act if 8
either of the following applies-- 9
(a) the access is for exercising a power in relation to this 10
Act or the Criminal Code, section 328A; 11
Note-- 12
The Criminal Code, section 328A creates offences for the 13
dangerous operation of a vehicle. 14
(b) the access is authorised under the Police Powers and 15
Responsibilities Act 2000. 16
`(4) In this section-- 17
access, a digital photo, means obtain a copy of the digital 18
photo, including by electronic communication. 19
`19D Deleting digital photo and digitised signature from 20
register or similar record 21
`When the retention period for a digital photo and digitised 22
signature taken under this Act ends, the chief executive must 23
delete the photo and signature from any register or similar 24
record kept by the chief executive under this Act. 25
`19E Restricted access to information stored electronically 26
on a smartcard certificate 27
`(1) A person must not access information stored electronically on 28
a smartcard certificate, unless the person is-- 29
(a) the holder of the smartcard certificate; or 30
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Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 3 Amendment of Tow Truck Act 1973
[s 9]
(b) a person who has the holder's consent to access the 1
information; or 2
(c) an authorised officer, including a police officer, and the 3
access is for exercising a power under this Act; or 4
(d) a police officer who is authorised under the Police 5
Powers and Responsibilities Act 2000 to access the 6
information. 7
Maximum penalty--20 penalty units. 8
`(2) In this section-- 9
access, in relation to information stored electronically on a 10
smartcard certificate, means view or take a copy of the 11
information. 12
smartcard certificate means a smartcard driver's certificate or 13
a smartcard assistant's certificate. 14
`19F Retention period for digital photo and digitised 15
signature 16
`(1) Subject to subsections (2) to (5), the retention period for a 17
digital photo and digitised signature is 30 years after the day 18
on which the digital photo and digitised signature are taken 19
under this Act or a prescribed smartcard Act. 20
`(2) Unless subsection (4) or (5) applies, the retention period for a 21
digital photo and digitised signature taken under section 22
19A(1), if the relevant certificate mentioned in that subsection 23
was not granted or renewed, is-- 24
(a) 6 months after the day on which the digital photo and 25
digitised signature are taken; or 26
(b) the period decided by the chief executive; 27
whichever is the shorter period. 28
`(3) Unless subsection (4) or (5) applies, the retention period for a 29
digital photo and digitised signature taken under a regulation 30
for verification of a person's identity as mentioned in section 31
43(3)(c) is 24 hours after the digital photo and digitised 32
signature are taken. 33
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Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 3 Amendment of Tow Truck Act 1973
[s 9]
`(4) Despite subsections (2) and (3), if-- 1
(a) an investigation as mentioned in section 19B(2) is 2
started before the end of the retention period worked out 3
under subsection (2) or (3) for a digital photo and 4
digitised signature; and 5
(b) the chief executive reasonably requires the digital photo 6
and digitised signature to be kept for a longer period for 7
the investigation or a proceeding resulting from the 8
investigation; 9
the retention period for the digital photo and digitised 10
signature is the longer period mentioned in paragraph (b). 11
`(5) Despite subsections (2) to (4), if a prescribed smartcard Act 12
provides for a shorter retention period for the digital photo 13
and digitised signature than the period worked out under those 14
subsections, the retention period for the photo and signature 15
for this Act is the shorter period. 16
`19G Annual report about access to digital photos 17
`(1) Not later than 4 months after the end of each financial year, 18
the chief executive must prepare and give to the Minister an 19
annual report stating the number of occasions on which access 20
within the meaning of section 19C was allowed under section 21
19C(3) during the financial year to digital photos kept under 22
this Act. 23
`(2) The Minister must cause a copy of the report to be laid before 24
the Legislative Assembly within 14 days after the Minister 25
receives it. 26
`Division 3 Restricted release of information 27
about driver's certificate or 28
assistant's certificate 29
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Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 3 Amendment of Tow Truck Act 1973
[s 10]
`19H Restricted release of information 1
`(1) The chief executive may release information kept under this 2
Act about a person's driver's certificate or assistant's 3
certificate to-- 4
(a) on receiving an application in the approved form-- 5
(i) the person; or 6
(ii) with the person's written consent--another entity; 7
or 8
(b) the commissioner of the police service for the purpose 9
of any function of the commissioner or any function of 10
the police service. 11
`(2) Also, the chief executive may release to an entity information 12
kept under this Act about a person's driver's certificate or 13
assistant's certificate if-- 14
(a) the person produces the certificate to the entity as proof 15
of the person's identity; and 16
(b) the entity applies in the approved form for the 17
information; and 18
(c) the information is necessary to verify the validity of the 19
certificate. 20
`(3) Information that may be released under subsection (1) or (2) 21
does not include a digital photo and digitised signature. 22
`(4) An application mentioned in subsection (1)(a) or (2)(b) may 23
be made by electronic communication.'. 24
Clause 10 Amendment of s 36C (Confidentiality) 25
Section 36C(3)-- 26
insert-- 27
`information includes a digital photo and digitised signature.'. 28
Clause 11 Amendment of s 43 (Regulation-making power) 29
Section 43-- 30
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Part 3 Amendment of Tow Truck Act 1973
[s 12]
insert-- 1
`(3) Without limiting subsection (1), or (2)(b) or (d), a regulation 2
may provide for the following-- 3
(a) a driver's certificate or assistant's certificate to be in the 4
form of a card or something similar approved by the 5
chief executive and on which information may be stored 6
electronically; 7
(b) a PIN to be used by the holder of a driver's certificate or 8
assistant's certificate as a security measure to protect 9
information stored electronically on the certificate; 10
(c) verification of a person's identity for security purposes 11
relating to a driver's certificate or assistant's certificate, 12
including, for example, by requiring the person to allow 13
the chief executive to take a digital photo and digitised 14
signature of the person.'. 15
Clause 12 Amendment of sch 2 (Dictionary) 16
Schedule 2-- 17
insert-- 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 form. 21
electronic communication see the Electronic Transactions 22
(Queensland) Act 2001, schedule 2. 23
most recent digital photo, of a person-- 24
(a) means the most recent digital photo of the person taken 25
and kept by-- 26
(i) the chief executive under this Act; or 27
(ii) any chief executive under a prescribed smartcard 28
Act; and 29
(b) includes the most recent digital photo taken and kept 30
under the Transport Operations (Marine Safety) Act 31
Page 23
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 3 Amendment of Tow Truck Act 1973
[s 12]
1994 by the general manager appointed under the 1
Maritime Safety Queensland Act 2002. 2
most recent digitised signature, of a person-- 3
(a) means the most recent digitised signature of the person 4
taken and kept by-- 5
(i) the chief executive under this Act; or 6
(ii) any chief executive under a prescribed smartcard 7
Act; and 8
(b) includes the most recent digitised signature taken and 9
kept under the Transport Operations (Marine Safety) 10
Act 1994 by the general manager appointed under the 11
Maritime Safety Queensland Act 2002. 12
prescribed smartcard Act means any of the following Acts-- 13
(a) the Adult Proof of Age Card Act 2008; 14
(b) the Transport Operations (Marine Safety) Act 1994; 15
(c) the Transport Operations (Passenger Transport) Act 16
1994; 17
(d) the Transport Operations (Road Use Management) Act 18
1995. 19
retention period, for a digital photo and digitised signature, 20
means the retention period worked out under section 19F. 21
smartcard assistant's certificate means an assistant's 22
certificate in the form provided for under section 43(3)(a). 23
smartcard driver's certificate means a driver's certificate in 24
the form provided for under section 43(3)(a). 25
take, in relation to a digital photo or digitised signature, 26
includes obtain.'. 27
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Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 4 Amendment of Transport Operations (Marine Safety) Act 1994
[s 13]
Part 4 Amendment of Transport 1
Operations (Marine Safety) Act 2
1994 3
Clause 13 Act amended in pt 4 4
This part amends the Transport Operations (Marine Safety) 5
Act 1994. 6
Clause 14 Amendment of s 62 (Grant, amendment and renewal of 7
licences) 8
Section 62-- 9
insert-- 10
`(4) Without limiting subsection (2), a regulation may provide for 11
the following-- 12
(a) a marine licence indicator to be in the form of a card or 13
something similar approved by the chief executive or 14
general manager and on which information may be 15
stored electronically; 16
(b) a PIN to be used by the holder of a marine licence 17
indicator as a security measure to protect information 18
stored electronically on the marine licence indicator; 19
(c) verification of a person's identity for security purposes 20
relating to a marine licence indicator, including, for 21
example, by requiring the person to allow the chief 22
executive or general manager to take a digital photo and 23
digitised signature of the person.'. 24
Clause 15 Insertion of new pt 5, divs 3A and 3B 25
Part 5-- 26
insert-- 27
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Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 4 Amendment of Transport Operations (Marine Safety) Act 1994
[s 15]
`Division 3A Biometric data and other 1
information relating to marine 2
licences 3
`63A Obtaining digital photo and digitised signature 4
`(1) A person who applies for the grant or renewal of a marine 5
licence (the authority applied for), or an amendment of the 6
person's marine licence, must allow the chief executive or 7
general manager to take and keep a digital photo and digitised 8
signature of the person. 9
`(2) If the person does not comply with subsection (1), the chief 10
executive or general manager must refuse to consider the 11
application. 12
`(3) Subsection (1) does not apply to the person if-- 13
(a) as allowed under this part or a prescribed smartcard Act, 14
the chief executive or general manager is keeping the 15
person's most recent digital photo and digitised 16
signature; and 17
(b) the chief executive or general manager is satisfied the 18
person's most recent digital photo is still a true likeness 19
of the person; and 20
(c) the shelf life of the person's most recent digital photo 21
and digitised signature, or the most recent extension of 22
the shelf life under subsection (4), has not ended and 23
will not end before-- 24
(i) the term of the authority applied for ends; or 25
(ii) if an amendment of the person's marine licence is 26
applied for--the term of the marine licence 27
indicator ends. 28
`(4) The chief executive or general manager may, for this Act, 29
extend the shelf life of a person's most recent digital photo 30
and digitised signature. 31
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Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 4 Amendment of Transport Operations (Marine Safety) Act 1994
[s 15]
`(5) The period for which the shelf life may be extended under 1
subsection (4) must not result in the shelf life being extended 2
under the subsection for periods totalling more than 6 months. 3
Example-- 4
If the shelf life has been extended previously under subsection (4) for 2 5
months, the next extension under the subsection must not be for more 6
than 4 months. 7
`(6) In this section-- 8
shelf life, of a digital photo and digitised signature, means 10 9
years after the photo and signature are taken. 10
`63B Using digital photo and digitised signature 11
`(1) The chief executive or general manager may, with a person's 12
consent, use the person's most recent digital photo and 13
digitised signature for any of the following purposes-- 14
(a) to help identify the person for deciding whether or not to 15
grant an application for a marine licence; 16
(b) to reproduce the person's digital photo and digitised 17
signature on a smartcard marine licence indicator; 18
(c) to verify the person's identity for security purposes 19
relating to the smartcard marine licence indicator. 20
Example of security purposes-- 21
the obtaining or resetting of a PIN for the marine licence 22
indicator 23
`(2) The chief executive or general manager may use a person's 24
most recent digital photo and digitised signature to help in an 25
investigation of, or proceeding for, an offence that-- 26
(a) happens-- 27
(i) in making the application for which the person's 28
digital photo and digitised signature are taken 29
under section 63A(1); or 30
(ii) during the retention period for the digital photo and 31
digitised signature; and 32
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Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 4 Amendment of Transport Operations (Marine Safety) Act 1994
[s 15]
(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) a marine licence; 4
(ii) a marine licence indicator or its renewal; 5
(iii) a PIN or other security for a marine licence 6
indicator. 7
`63C Restricted access to a digital photo 8
`(1) The chief executive or general manager may allow a person to 9
access a digital photo kept by the chief executive or general 10
manager under this Act if each of the following applies-- 11
(a) the person's facial image is encoded on the digital 12
photo; 13
(b) the person applies to the chief executive or general 14
manager, in the approved form, for the access; 15
(c) the person establishes, to the chief executive's or general 16
manager's reasonable satisfaction, the person's 17
connection to the digital photo by other evidence of his 18
or her identity, or by facial recognition technology. 19
Example of other evidence for paragraph (c)-- 20
a valid Australian passport 21
`(2) An application mentioned in subsection (1)(b) may be made 22
by electronic communication. 23
`(3) The chief executive or general manager must allow a police 24
officer to access a digital photo kept by the chief executive or 25
general manager under this Act if either of the following 26
applies-- 27
(a) the access is for exercising a power in relation to this 28
Act or the Criminal Code, section 328A; 29
Page 28
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 4 Amendment of Transport Operations (Marine Safety) Act 1994
[s 15]
Editor's note-- 1
The Criminal Code, section 328A creates offences for the 2
dangerous operation of a vehicle (which is defined under the 3
Criminal Code, section 1 to include a vessel). 4
(b) the access is authorised under the Police Powers and 5
Responsibilities Act 2000. 6
`(4) In this section-- 7
access, a digital photo, means obtain a copy of the digital 8
photo, including by electronic communication. 9
`63D Deleting digital photo and digitised signature from 10
register or similar record 11
`When the retention period for a digital photo and digitised 12
signature taken under this Act ends-- 13
(a) the chief executive must delete the photo and signature 14
from any register or similar record kept by the chief 15
executive under this Act; and 16
(b) if the general manager keeps a register or similar record 17
containing digital photos and digitised signatures taken 18
and kept by the general manager under this Act--the 19
general manager must delete the photo and signature 20
from the register or similar record. 21
`63E Storing emergency contact information electronically 22
on a smartcard marine licence indicator 23
`(1) An applicant for a marine licence, or the holder of a marine 24
licence, may apply to the chief executive or general manager, 25
in the approved form, to have the person's emergency contact 26
information stored electronically on any smartcard marine 27
licence indicator given to the person. 28
`(2) After receiving the application, the chief executive or general 29
manager must electronically store the emergency contact 30
information on the smartcard marine licence indicator. 31
Page 29
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 4 Amendment of Transport Operations (Marine Safety) Act 1994
[s 15]
`63F Restricted access to information stored electronically 1
on a smartcard marine licence indicator 2
`(1) A person must not access information stored electronically on 3
a smartcard marine licence indicator, unless the person is-- 4
(a) the holder of the smartcard marine licence indicator; or 5
(b) a person who has the holder's consent to access the 6
information; or 7
(c) subject to subsection (2), a shipping inspector, including 8
a police officer, and the access is for exercising a power 9
under this Act; or 10
(d) a police officer who is authorised under the Police 11
Powers and Responsibilities Act 2000 to access the 12
information. 13
Maximum penalty--20 penalty units. 14
`(2) A person acting under subsection (1)(c) must not access 15
emergency contact information stored electronically on the 16
smartcard marine licence indicator. 17
Maximum penalty--20 penalty units. 18
`(3) In this section-- 19
access, in relation to information stored electronically on a 20
smartcard marine licence indicator, means view or take a copy 21
of the information. 22
`63G Retention period for digital photo and digitised 23
signature 24
`(1) Subject to subsections (2) to (5), the retention period for a 25
digital photo and digitised signature is 30 years after the day 26
on which the digital photo and digitised signature are taken 27
under this Act or a prescribed smartcard Act. 28
`(2) Unless subsection (4) or (5) applies, the retention period for a 29
digital photo and digitised signature taken under section 30
63A(1), if the marine licence mentioned in that subsection 31
was not granted or renewed, is-- 32
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Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 4 Amendment of Transport Operations (Marine Safety) Act 1994
[s 15]
(a) 6 months after the day on which the digital photo and 1
digitised signature are taken; or 2
(b) the period decided by the chief executive; 3
whichever is the shorter period. 4
`(3) Unless subsection (4) or (5) applies, the retention period for a 5
digital photo and digitised signature taken under a regulation 6
for verification of a person's identity as mentioned in section 7
62(4)(c) is 24 hours after the digital photo and digitised 8
signature are taken. 9
`(4) Despite subsections (2) and (3), if-- 10
(a) an investigation as mentioned in section 63B(2) is 11
started before the end of the retention period worked out 12
under subsection (2) or (3) for a digital photo and 13
digitised signature; and 14
(b) the chief executive or general manager reasonably 15
requires the digital photo and digitised signature to be 16
kept for a longer period for the investigation or a 17
proceeding resulting from the investigation; 18
the retention period for the digital photo and digitised 19
signature is the longer period mentioned in paragraph (b). 20
`(5) Despite subsections (2) to (4), if a prescribed smartcard Act 21
provides for a shorter retention period for the digital photo 22
and digitised signature than the period worked out under those 23
subsections, the retention period for the photo and signature 24
for this Act is the shorter period. 25
`63H Annual report about access to digital photos 26
`(1) Not later than 4 months after the end of each financial year, 27
the chief executive must prepare and give to the Minister an 28
annual report stating the number of occasions on which access 29
within the meaning of section 63C was allowed under section 30
63C(3) during the financial year to digital photos kept under 31
this Act. 32
Page 31
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 4 Amendment of Transport Operations (Marine Safety) Act 1994
[s 15]
`(2) The Minister must cause a copy of the report to be laid before 1
the Legislative Assembly within 14 days after the Minister 2
receives it. 3
`Division 3B Restricted release of information 4
about marine licences 5
`63I Restricted release of information 6
`(1) The chief executive or general manager may release 7
information kept under this Act about a person's marine 8
licence to-- 9
(a) on receiving an application in the approved form-- 10
(i) the person; or 11
(ii) with the person's written consent--another person; 12
or 13
(b) the commissioner of the police service for the purpose 14
of any function of the commissioner or any function of 15
the police service; or 16
(c) an entity that, under an agreement between the State and 17
other governments, maintains a database containing 18
information about marine licences and marine histories. 19
`(2) Also, the chief executive may release to an entity information 20
kept under this Act about a person's marine licence if-- 21
(a) the person produces the person's marine licence 22
indicator to the entity as proof of the person's identity; 23
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
marine licence indicator. 28
`(3) Before releasing information to a person or entity under 29
subsection (1)(c), the chief executive or general manager must 30
be satisfied any release of the information by the person or 31
Page 32
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 4 Amendment of Transport Operations (Marine Safety) Act 1994
[s 16]
entity will be limited to circumstances similar to those 1
mentioned in subsection (1). 2
`(4) Information that may be released under subsection (1) or (2) 3
does not include a digital photo and digitised signature. 4
`(5) An application mentioned in subsection (1)(a) or (2)(b) may 5
be made by electronic communication. 6
`(6) This section does not limit section 205B. 7
Note-- 8
Section 205B deals with the electronic search of information to verify 9
that a person is the holder of a licence under this Act. 10
`(7) In this section-- 11
marine history, of a person, means the history of the 12
contraventions for which the person has been dealt with under 13
this Act or the Transport Operations (Marine Pollution) Act 14
1995.'. 15
Clause 16 Replacement of s 205AC (Confidentiality) 16
Section 205AC-- 17
omit, insert-- 18
`205AC Confidentiality 19
`(1) A person must not disclose, record or use information that the 20
person gained-- 21
(a) through involvement in the administration of this Act; or 22
(b) because of an opportunity provided by the involvement. 23
Maximum penalty--200 penalty units. 24
`(2) However, a person may disclose, record or use the 25
information-- 26
(a) in the discharge of a function under this Act; or 27
(b) if it is authorised-- 28
(i) under another Act or a regulation; or 29
(ii) by the person to whom the information relates; or 30
Page 33
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 4 Amendment of Transport Operations (Marine Safety) Act 1994
[s 17]
(c) in a proceeding before a court or tribunal in which the 1
information is relevant. 2
`(3) In this section-- 3
disclose information means-- 4
(a) intentionally or recklessly disclose the information; or 5
(b) allow access to the information. 6
information includes a digital photo and digitised signature.'. 7
Clause 17 Amendment of schedule (Dictionary) 8
Schedule-- 9
insert-- 10
`digital photo means a facial image encoded in a digital form. 11
digitised signature means a person's signature encoded in a 12
digital form. 13
electronic communication see the Electronic Transactions 14
(Queensland) Act 2001, schedule 2. 15
emergency contact information, of a holder of a smartcard 16
marine licence indicator, means any or all of the following 17
information-- 18
(a) the name of a person to be contacted if there is a risk to 19
the holder's life or health; 20
(b) the following information about a person mentioned in 21
paragraph (a)-- 22
(i) the person's phone number; 23
(ii) the person's address. 24
holder, of a marine licence indicator, means the person to 25
whom the marine licence indicator has been given under this 26
Act. 27
marine licence, for part 5, divisions 3A and 3B, means a 28
licence to operate a personal watercraft, or a recreational ship, 29
as its master. 30
Page 34
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 4 Amendment of Transport Operations (Marine Safety) Act 1994
[s 17]
marine licence indicator means a written notice of the 1
granting of a licence to operate a personal watercraft, or a 2
recreational ship, as its master given to the person to whom 3
the licence has been granted. 4
most recent digital photo, of a person, means the most recent 5
digital photo of the person taken and kept by-- 6
(a) the chief executive or general manager under this Act; or 7
(b) any chief executive under a prescribed smartcard Act. 8
most recent digitised signature, of a person, means the most 9
recent digitised signature of the person taken and kept by-- 10
(a) the chief executive under this Act; or 11
(b) any chief executive under a prescribed smartcard Act. 12
personal watercraft means a powered ship that-- 13
(a) has a fully enclosed hull that does not take on water if 14
capsized; and 15
(b) is designed to be operated by a person standing, 16
crouching or kneeling on it or sitting astride it. 17
prescribed smartcard Act means any of the following Acts-- 18
(a) the Adult Proof of Age Card Act 2008; 19
(b) the Tow Truck Act 1973; 20
(c) the Transport Operations (Passenger Transport) Act 21
1994; 22
(d) the Transport Operations (Road Use Management) Act 23
1995. 24
retention period, for a digital photo and digitised signature, 25
means the retention period worked out under section 63G. 26
smartcard marine licence indicator means a marine licence 27
indicator in the form provided for under section 62(4)(a). 28
take, in relation to a digital photo or digitised signature, 29
includes obtain.'. 30
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Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 5 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 18]
Part 5 Amendment of Transport 1
Operations (Passenger 2
Transport) Act 1994 3
Clause 18 Act amended in pt 5 4
This part amends the Transport Operations (Passenger 5
Transport) Act 1994. 6
Clause 19 Insertion of new ch 4, pt 1 hdg 7
Chapter 4, before section 23-- 8
insert-- 9
`Part 1 General'. 10
Clause 20 Amendment of s 29 (Granting, renewing or refusing 11
driver authorisation) 12
Section 29-- 13
insert-- 14
`(3) Also, without limiting subsection (1), a regulation may 15
provide for the following-- 16
(a) a driver authorisation to be in the form of a card or 17
something similar approved by the chief executive and 18
on which information may be stored electronically; 19
(b) a PIN to be used by the holder of a driver authorisation 20
as a security measure to protect information stored 21
electronically on the driver authorisation; 22
(c) verification of a person's identity for security purposes 23
relating to a driver authorisation, including, for example, 24
by requiring the person to allow the chief executive to 25
take a digital photo and digitised signature of the 26
person.'. 27
Page 36
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 5 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 21]
Clause 21 Insertion of new s 34A 1
After section 34-- 2
insert-- 3
`34A Authorised driver must notify damage, loss or theft 4
of driver authorisation 5
`(1) If a person's driver authorisation is damaged, lost or stolen, 6
the person must notify the chief executive, as soon as 7
practicable, in the way prescribed under a regulation. 8
Maximum penalty--100 penalty units. 9
`(2) In this section-- 10
damaged, in relation to a driver authorisation-- 11
(a) means-- 12
(i) the driver authorisation is damaged to an extent 13
that-- 14
(A) any information on the driver authorisation is 15
impossible or difficult to read without the 16
use of technology; or 17
(B) a digital photo or a digitised signature on the 18
driver authorisation is impossible or difficult 19
to recognise without the use of technology; 20
or 21
(ii) any information stored electronically on the driver 22
authorisation is no longer accessible by using the 23
holder's PIN; and 24
(b) includes destroyed.'. 25
Clause 22 Insertion of new ch 4, pts 2 and 3 26
Chapter 4, after section 35-- 27
insert-- 28
Page 37
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 5 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 22]
`Part 2 Biometric data and other 1
information relating to driver 2
authorisation 3
`35A Obtaining digital photo and digitised signature 4
`(1) A person who applies for the grant or renewal of a driver 5
authorisation (the authority applied for), or an amendment of 6
the person's driver authorisation, must allow the chief 7
executive to take and keep a digital photo and digitised 8
signature of the person. 9
`(2) If the person does not comply with subsection (1), the chief 10
executive must refuse to consider the application. 11
`(3) Subsection (1) does not apply to the person if-- 12
(a) as allowed under this part or a prescribed smartcard Act, 13
the chief executive is keeping the person's most recent 14
digital photo and digitised signature; and 15
(b) the chief executive is satisfied the person's most recent 16
digital photo is still a true likeness of the person; and 17
(c) the shelf life of the person's most recent digital photo 18
and digitised signature, or the most recent extension of 19
the shelf life under subsection (4), has not ended and 20
will not end before-- 21
(i) the term of the authority applied for ends; or 22
(ii) if an amendment of the person's driver 23
authorisation is applied for--the term of the driver 24
authorisation ends. 25
`(4) The chief executive may, for this Act, extend the shelf life of a 26
person's most recent digital photo and digitised signature. 27
`(5) The period for which the shelf life may be extended under 28
subsection (4) must not result in the shelf life being extended 29
under the subsection for periods totalling more than 6 months. 30
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Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 5 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 22]
Example-- 1
If the shelf life has been extended previously under subsection (4) for 2 2
months, the next extension under the subsection must not be for more 3
than 4 months. 4
`(6) In this section-- 5
shelf life, of a digital photo and digitised signature, means 10 6
years after the photo and signature are taken. 7
`35B Using digital photo and digitised signature 8
`(1) The chief executive may, with a person's consent, use the 9
person's most recent digital photo and digitised signature for 10
any of the following purposes-- 11
(a) to help identify the person for deciding whether or not to 12
grant an application for a driver authorisation; 13
(b) to reproduce the person's digital photo and digitised 14
signature on a driver authorisation; 15
(c) to verify the person's identity for security purposes 16
relating to the driver authorisation. 17
Example of security purposes-- 18
the obtaining or resetting of a PIN for the driver authorisation 19
`(2) The chief executive may use a person's most recent digital 20
photo and digitised signature to help in an investigation of, or 21
proceeding for, an offence that-- 22
(a) happens-- 23
(i) in making the application for which the person's 24
digital photo and digitised signature are taken 25
under section 35A(1); or 26
(ii) during the retention period for the digital photo and 27
digitised signature; and 28
(b) involves a person obtaining or attempting to obtain any 29
of the following by a false statement, misrepresentation 30
or any other dishonest way-- 31
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Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 5 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 22]
(i) a driver authorisation or its renewal; 1
(ii) a PIN or other security for a driver authorisation. 2
`35C Restricted access to a digital photo 3
`(1) The chief executive may allow a person to access a digital 4
photo kept by the chief executive under this Act if each of the 5
following applies-- 6
(a) the person's facial image is encoded on the digital 7
photo; 8
(b) the person applies to the chief executive, in the approved 9
form, for the access; 10
(c) the person establishes, to the chief executive's 11
reasonable satisfaction, the person's connection to the 12
digital photo by other evidence of his or her identity, or 13
by facial recognition technology. 14
Example of other evidence for paragraph (c)-- 15
a valid Australian passport 16
`(2) An application mentioned in subsection (1)(b) may be made 17
by electronic communication. 18
`(3) The chief executive must allow a police officer to access a 19
digital photo kept by the chief executive under this Act if 20
either of the following applies-- 21
(a) the access is for exercising a power in relation to this 22
Act or the Criminal Code, section 328A; 23
Note-- 24
The Criminal Code, section 328A creates offences for the 25
dangerous operation of a vehicle. 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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Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 5 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 22]
`35D Deleting digital photo and digital signature from 1
register or similar record 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 or similar 5
record kept by the chief executive under this Act. 6
`35E Restricted access to information stored electronically 7
on a smartcard driver authorisation 8
`(1) A person must not access information stored electronically on 9
a smartcard driver authorisation unless the person is-- 10
(a) the holder of the driver authorisation; or 11
(b) a person who has the holder's consent to access the 12
information; or 13
(c) an authorised person, including a police officer, and the 14
access is for exercising a power under this Act; or 15
(d) a police officer who is authorised under the Police 16
Powers and Responsibilities Act 2000 to access the 17
information. 18
Maximum penalty--20 penalty units. 19
`(2) In this section-- 20
access, in relation to information stored electronically on a 21
smartcard driver authorisation, means view or take a copy of 22
the information. 23
smartcard driver authorisation means a driver authorisation 24
in the form provided for under section 29(3). 25
`35F Retention period for digital photo and digitised 26
signature 27
`(1) Subject to subsections (2) to (5), the retention period for a 28
digital photo and digitised signature is 30 years after the day 29
on which the digital photo and digitised signature are taken 30
under this Act or a prescribed smartcard Act. 31
Page 41
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 5 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 22]
`(2) Unless subsection (4) or (5) applies, the retention period for a 1
digital photo and digitised signature taken under section 2
35A(1), if the driver authorisation mentioned in that 3
subsection was not granted or renewed, is-- 4
(a) 6 months after the day on which the digital photo and 5
digitised signature are taken; or 6
(b) the period decided by the chief executive; 7
whichever is the shorter period. 8
`(3) Unless subsection (4) or (5) applies, the retention period for a 9
digital photo and digitised signature taken under a regulation 10
for verification of a person's identity as mentioned in section 11
29(3)(c) is 24 hours after the digital photo and digitised 12
signature are taken. 13
`(4) Despite subsections (2) and (3), if-- 14
(a) an investigation as mentioned in section 35B(2) is 15
started before the end of the retention period worked out 16
under subsection (2) or (3) for a digital photo and 17
digitised signature; and 18
(b) the chief executive reasonably requires the digital photo 19
and digitised signature to be kept for a longer period for 20
the investigation or a proceeding resulting from the 21
investigation; 22
the retention period for the digital photo and digitised 23
signature is the longer period mentioned in paragraph (b). 24
`(5) Despite subsections (2) to (4), if a prescribed smartcard Act 25
provides for a shorter retention period for the digital photo 26
and digitised signature than the period worked out under those 27
subsections, the retention period for the photo and signature 28
for this Act is the shorter period. 29
`35G Annual report about access to digital photos 30
`(1) Not later than 4 months after the end of each financial year, 31
the chief executive must prepare and give to the Minister an 32
annual report stating the number of occasions on which access 33
Page 42
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 5 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 22]
within the meaning of section 35C was allowed under section 1
35C(3) during the financial year to digital photos kept under 2
this Act. 3
`(2) The Minister must cause a copy of the report to be laid before 4
the Legislative Assembly within 14 days after the Minister 5
receives it. 6
`Part 3 Restricted release of 7
information about driver 8
authorisation 9
`35H Restricted release of information 10
`(1) The chief executive may release information kept under this 11
Act about a person's driver authorisation to-- 12
(a) on receiving an application in the approved form-- 13
(i) the person; or 14
(ii) with the person's written consent--another person; 15
or 16
(b) the commissioner of the police service for the purpose 17
of any function of the commissioner or any function of 18
the police service. 19
`(2) Also, the chief executive may release to an entity information 20
kept under this Act about a person's driver authorisation if-- 21
(a) the person produces the driver authorisation to the entity 22
as proof of the person's identity; and 23
(b) the entity applies in the approved form for the 24
information; and 25
(c) the information is necessary to verify the validity of the 26
driver authorisation. 27
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Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 5 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 23]
`(3) Information that may be released under subsection (1) or (2) 1
does not include a digital photo and digitised signature. 2
`(4) An application mentioned in subsection (1)(a) or (2)(b) may 3
be made by electronic communication.'. 4
Clause 23 Amendment of s 148C (Confidentiality) 5
Section 148C(3)-- 6
insert-- 7
`information includes a digital photo and digitised signature.'. 8
Clause 24 Amendment of sch 3 (Dictionary) 9
Schedule 3-- 10
insert-- 11
`digital photo means a facial image encoded in a digital form. 12
digitised signature means a person's signature encoded in a 13
digital form. 14
electronic communication see the Electronic Transactions 15
(Queensland) Act 2001, schedule 2. 16
most recent digital photo, of a person-- 17
(a) means the most recent digital photo of the person taken 18
and kept by-- 19
(i) the chief executive under this Act; or 20
(ii) any chief executive under a prescribed smartcard 21
Act; and 22
(b) includes the most recent digital photo taken and kept 23
under the Transport Operations (Marine Safety) Act 24
1994 by the general manager appointed under the 25
Maritime Safety Queensland Act 2002. 26
most recent digitised signature, of a person-- 27
(a) means the most recent digitised signature of the person 28
taken and kept by-- 29
Page 44
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 6 Amendment of Transport Operations (Road Use Management) Act 1995
[s 25]
(i) the chief executive under this Act; or 1
(ii) any chief executive under a prescribed smartcard 2
Act; and 3
(b) includes the most recent digitised signature taken and 4
kept under the Transport Operations (Marine Safety) 5
Act 1994 by the general manager appointed under the 6
Maritime Safety Queensland Act 2002. 7
prescribed smartcard Act means any of the following Acts-- 8
(a) the Adult Proof of Age Card Act 2008; 9
(b) the Tow Truck Act 1973; 10
(c) the Transport Operations (Marine Safety) Act 1994; 11
(d) the Transport Operations (Road Use Management) Act 12
1995. 13
retention period, for a digital photo and digitised signature, 14
means the retention period worked out under section 35F. 15
take, in relation to a digital photo or digitised signature, 16
includes obtain.'. 17
Part 6 Amendment of Transport 18
Operations (Road Use 19
Management) Act 1995 20
Clause 25 Act amended in pt 6 21
This part amends the Transport Operations (Road Use 22
Management) Act 1995. 23
Clause 26 Amendment of s 77 (Restricted release of Queensland 24
driver licence and traffic history information) 25
(1) Section 77(1), from `The chief executive' to `to--'-- 26
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Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 6 Amendment of Transport Operations (Road Use Management) Act 1995
[s 27]
omit, insert-- 1
`The chief executive may release information kept under this 2
Act about a person's prescribed authority or traffic history 3
to--'. 4
(2) Section 77(2)-- 5
renumber as section 77(3). 6
(3) Section 77-- 7
insert-- 8
`(2) Also, the chief executive may release to an entity information 9
kept under this Act about a person's prescribed authority if-- 10
(a) the person produces the prescribed authority to the 11
entity as proof of the person's identity; and 12
(b) the entity applies in the approved form for the 13
information; and 14
(c) the information is necessary to verify the validity of the 15
prescribed authority. 16
`(4) Information that may be released under subsection (1) or (2) 17
does not include a digital photo and digitised signature. 18
`(5) An application mentioned in subsection (1)(a) or (2)(b) may 19
be made by electronic communication.'. 20
Clause 27 Insertion of new s 77A 21
After section 77-- 22
insert-- 23
`77A Releasing information about Queensland driver 24
licence or traffic history for research purposes 25
`(1) The chief executive may release prescribed information to an 26
entity for road research purposes if-- 27
(a) either-- 28
(i) the entity is conducting the research for the chief 29
executive; or 30
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Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 6 Amendment of Transport Operations (Road Use Management) Act 1995
[s 28]
(ii) the chief executive has, on application by the 1
entity, approved the entity's conduct of the 2
research; and 3
(b) the information proposed to be released does not 4
identify any person to whom it relates. 5
`(2) An application mentioned in subsection (1)(a)(ii) must be 6
made in the approved form, and may be made by electronic 7
communication. 8
`(3) In this section-- 9
prescribed information means the following information 10
recorded in a register kept by the chief executive under this 11
Act-- 12
(a) information about Queensland driver licences; 13
(b) the traffic history of drivers.'. 14
Clause 28 Insertion of new ch 5, pt 3A 15
Chapter 5-- 16
insert-- 17
`Part 3A Biometric data and other 18
information relating to 19
prescribed authority holders 20
`91A Obtaining digital photo and digitised signature 21
`(1) A person who applies for the grant, renewal or replacement of 22
a prescribed authority (the authority applied for) must allow 23
the chief executive to take and keep a digital photo and 24
digitised signature of the person. 25
`(2) If the person does not comply with subsection (1), the chief 26
executive must refuse to consider the application. 27
`(3) Subsection (1) does not apply to the person if-- 28
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Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 6 Amendment of Transport Operations (Road Use Management) Act 1995
[s 28]
(a) as allowed under this Act or a prescribed smartcard Act, 1
the chief executive is keeping the person's most recent 2
digital photo and digitised signature; and 3
(b) the chief executive is satisfied the person's most recent 4
digital photo is still a true likeness of the person; and 5
(c) the shelf life of the person's most recent digital photo 6
and digitised signature, or the most recent extension of 7
the shelf life under subsection (4), has not ended and 8
will not end before the term of the authority applied for 9
ends. 10
`(4) The chief executive may, for this Act, extend the shelf life of a 11
person's most recent digital photo and digitised signature. 12
`(5) The period for which the shelf life may be extended under 13
subsection (4) must not result in the shelf life being extended 14
under the subsection for periods totalling more than 6 months. 15
Example-- 16
If the shelf life has been extended previously under subsection (4) for 2 17
months, the next extension under the subsection must not be for more 18
than 4 months. 19
`(6) In this section-- 20
grant includes issue. 21
shelf life, of a digital photo and digitised signature, means 10 22
years after the photo and signature are taken. 23
`91B Using digital photo and digitised signature 24
`(1) The chief executive may, with a person's consent, use the 25
person's most recent digital photo and digitised signature for 26
any of the following purposes-- 27
(a) to help identify the person for deciding whether or not to 28
grant an application for a prescribed authority; 29
(b) to reproduce the person's digital photo and digitised 30
signature on a prescribed authority; 31
(c) to verify the person's identity for security purposes 32
relating to the prescribed authority. 33
Page 48
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 6 Amendment of Transport Operations (Road Use Management) Act 1995
[s 28]
Example of security purposes-- 1
the obtaining or resetting of a PIN for the prescribed authority 2
`(2) The chief executive may use a person's most recent digital 3
photo and digitised signature to help in an investigation of, or 4
proceeding for, an offence that-- 5
(a) happens-- 6
(i) in making the application for which the person's 7
digital photo and digitised signature are taken 8
under section 91A(1); or 9
(ii) during the retention period for the digital photo and 10
digitised signature; and 11
(b) involves a person obtaining or attempting to obtain any 12
of the following by a false statement, misrepresentation 13
or any other dishonest way-- 14
(i) a prescribed authority or its renewal; 15
(ii) a PIN or other security for a prescribed authority. 16
`91C Restricted access to digital photo 17
`(1) The chief executive may allow a person to access a digital 18
photo kept by the chief executive under this Act if-- 19
(a) each of the following applies-- 20
(i) the person's facial image is encoded on the digital 21
photo; 22
(ii) the person applies to the chief executive, in the 23
approved form, for the access; 24
(iii) the person establishes, to the chief executive's 25
reasonable satisfaction, the person's connection to 26
the digital photo by other evidence of his or her 27
identity, or by facial recognition technology; or 28
Example of other evidence for subparagraph (iii)-- 29
a valid Australian passport 30
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Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 6 Amendment of Transport Operations (Road Use Management) Act 1995
[s 28]
(b) the person grants or issues driver licences under a 1
corresponding law to this Act and the access is for 2
granting or issuing a driver licence under the 3
corresponding law. 4
`(2) An application mentioned in subsection (1)(a)(ii) may be 5
made by electronic communication. 6
`(3) The chief executive must allow a police officer to access a 7
digital photo kept by the chief executive under this Act if any 8
of the following apply-- 9
(a) the access is for exercising a power in relation to this 10
Act or the Criminal Code, section 328A; 11
Note-- 12
The Criminal Code, section 328A creates offences for the 13
dangerous operation of a vehicle. 14
(b) the access is for exercising a power in relation to a 15
corresponding law to this Act; 16
(c) the access is authorised under the Police Powers and 17
Responsibilities Act 2000. 18
`(4) In this section-- 19
access, a digital photo, means obtain a copy of the digital 20
photo, including by electronic communication. 21
`91D Deleting digital photo and digitised signature from 22
register or similar record 23
`When the retention period for a digital photo and digitised 24
signature taken under this Act ends, the chief executive must 25
delete the photo and signature from any register or similar 26
record kept by the chief executive under this Act. 27
`91E Storing emergency contact information electronically 28
on a smartcard driver licence 29
`(1) An applicant for a smartcard driver licence, or the holder of a 30
smartcard driver licence, may apply to the chief executive, in 31
Page 50
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 6 Amendment of Transport Operations (Road Use Management) Act 1995
[s 28]
the approved form, to have the person's emergency contact 1
information stored electronically on the licence. 2
`(2) After receiving the application, the chief executive must 3
electronically store the emergency contact information on the 4
smartcard driver licence. 5
`91F Restricted access to information stored electronically 6
on a smartcard driver licence 7
`(1) A person must not access information stored electronically on 8
a smartcard authority, unless the person is-- 9
(a) the holder of the smartcard authority; or 10
(b) a person who has the holder's consent to access the 11
information; or 12
(c) subject to subsection (2), an authorised officer, 13
including a police officer, and the access is for 14
exercising a power under this Act; or 15
(d) a police officer who is authorised under the Police 16
Powers and Responsibilities Act 2000 to access the 17
information. 18
Maximum penalty--20 penalty units. 19
`(2) A person acting under subsection (1)(c) must not access 20
emergency contact information stored electronically on the 21
smartcard driver licence. 22
Maximum penalty--20 penalty units. 23
`(3) In this section-- 24
access, in relation to information stored electronically on a 25
smartcard authority, means view or take a copy of the 26
information. 27
smartcard authority means a prescribed authority in the form 28
provided for under section 150A(3). 29
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Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 6 Amendment of Transport Operations (Road Use Management) Act 1995
[s 28]
`91G Retention period for digital photo and digitised 1
signature 2
`(1) Subject to subsections (2) to (5), the retention period for a 3
digital photo and digitised signature is 30 years after the day 4
on which the digital photo and digitised signature are taken 5
under this Act or a prescribed smartcard Act. 6
`(2) Unless subsection (4) or (5) applies, the retention period for a 7
digital photo and digitised signature taken under section 8
91A(1), if the prescribed authority mentioned in that 9
subsection was not granted or renewed, is-- 10
(a) 6 months after the day on which the digital photo and 11
digitised signature are taken; or 12
(b) the period decided by the chief executive; 13
whichever is the shorter period. 14
`(3) Unless subsection (4) or (5) applies, the retention period for a 15
digital photo and digitised signature taken under a regulation 16
for verification of a person's identity as mentioned in section 17
150A(3)(c) is 24 hours after the digital photo and digitised 18
signature are taken. 19
`(4) Despite subsections (2) and (3), if-- 20
(a) an investigation as mentioned in section 91B(2) is 21
started before the end of the retention period worked out 22
under subsection (2) or (3) for a digital photo and 23
digitised signature; and 24
(b) the chief executive reasonably requires the digital photo 25
and digitised signature to be kept for a longer period for 26
the investigation or a proceeding resulting from the 27
investigation; 28
the retention period for the digital photo and digitised 29
signature is the longer period mentioned in paragraph (b). 30
`(5) Despite subsections (2) to (4), if a prescribed smartcard Act 31
provides for a shorter retention period for the digital photo 32
and digitised signature than the period worked out under those 33
subsections, the retention period for the photo and signature 34
for this Act is the shorter period. 35
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Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 6 Amendment of Transport Operations (Road Use Management) Act 1995
[s 29]
`91H Annual report about access to digital photos 1
`(1) Not later than 4 months after the end of each financial year, 2
the chief executive must prepare and give to the Minister an 3
annual report stating the number of occasions on which access 4
within the meaning of section 91C was allowed under section 5
91C(3) during the financial year to digital photos kept under 6
this Act. 7
`(2) The Minister must cause a copy of the report to be laid before 8
the Legislative Assembly within 14 days after the Minister 9
receives it.'. 10
Clause 29 Amendment of s 143 (Confidentiality) 11
Section 143(3), definition information-- 12
omit, insert-- 13
`information includes-- 14
(a) a specimen provided by or taken from a person; and 15
(b) a digital photo and digitised signature.'. 16
Clause 30 Amendment of s 150A (Regulating form of licence) 17
Section 150A-- 18
insert-- 19
`(3) Also, without limiting subsection (1), a regulation may 20
provide for the following-- 21
(a) a prescribed authority to be in the form of a card or 22
something similar approved by the chief executive and 23
on which information may be stored electronically; 24
(b) a PIN to be used by the holder of a prescribed authority 25
as a security measure to protect information stored 26
electronically on the prescribed authority; 27
(c) verification of a person's identity for security purposes 28
relating to a prescribed authority, including, for 29
example, by requiring the person to allow the chief 30
Page 53
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 6 Amendment of Transport Operations (Road Use Management) Act 1995
[s 31]
executive to take a digital photo and digitised signature 1
of the person.'. 2
Clause 31 Amendment of sch 4 (Dictionary) 3
(1) Schedule 4-- 4
insert-- 5
`digital photo means a facial image encoded in a digital form. 6
digitised signature means a person's signature encoded in a 7
digital form. 8
electronic communication see the Electronic Transactions 9
(Queensland) Act 2001, schedule 2. 10
emergency contact information, of a holder of a smartcard 11
driver licence, means any or all of the following 12
information-- 13
(a) the name of a person to be contacted if there is a risk to 14
the holder's life or health; 15
(b) the following information about a person mentioned in 16
paragraph (a)-- 17
(i) the person's phone number; 18
(ii) the person's address. 19
most recent digital photo, of a person-- 20
(a) means the most recent digital photo of the person taken 21
and kept by-- 22
(i) the chief executive under this Act; or 23
(ii) any chief executive under a prescribed smartcard 24
Act; and 25
(b) includes the most recent digital photo taken and kept 26
under the Transport Operations (Marine Safety) Act 27
1994 by the general manager appointed under the 28
Maritime Safety Queensland Act 2002. 29
Page 54
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 6 Amendment of Transport Operations (Road Use Management) Act 1995
[s 31]
most recent digitised signature, of a person-- 1
(a) means the most recent digitised signature of the person 2
taken and kept by-- 3
(i) the chief executive under this Act; or 4
(ii) any chief executive under a prescribed smartcard 5
Act; and 6
(b) includes the most recent digitised signature taken and 7
kept under the Transport Operations (Marine Safety) 8
Act 1994 by the general manager appointed under the 9
Maritime Safety Queensland Act 2002. 10
prescribed authority means any of the following-- 11
(a) a Queensland driver licence; 12
(b) an accreditation document mentioned in section 21(2) 13
given to a person who is-- 14
(i) a pilot vehicle driver or escort vehicle driver; or 15
(ii) a driver trainer, rider trainer or traffic controller as 16
defined under a regulation; 17
Editor's note-- 18
See the Transport Operations (Road Use 19
Management--Accreditation and Other Provisions) Regulation 20
2005, part 3. 21
(c) a bulk driver licence as defined under a regulation. 22
Editor's note-- 23
See the Transport Operations (Road Use 24
Management--Dangerous Goods) Regulation 1998, schedule 3. 25
prescribed smartcard Act means any of the following Acts-- 26
(a) the Adult Proof of Age Card Act 2008; 27
(b) the Tow Truck Act 1973; 28
(c) the Transport Operations (Marine Safety) Act 1994; 29
(d) the Transport Operations (Passenger Transport) Act 30
1994. 31
Page 55
Transport (New Queensland Driver Licensing) Amendment Bill 2008
Part 6 Amendment of Transport Operations (Road Use Management) Act 1995
[s 31]
retention period, for a digital photo and digitised signature, 1
means the retention period worked out under section 91G. 2
smartcard driver licence means a Queensland driver licence 3
in the form provided for under section 150A(3). 4
take, in relation to a digital photo or digitised signature, 5
includes obtain.'. 6
(2) Schedule 4, definitions current driver licence receipt, open 7
licence and Queensland driver licence, `current'-- 8
omit. 9
© State of Queensland 2008
Page 56
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