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Adult Proof of Age Card Bill 2008
Adult Proof of Age Card Bill 2008
Explanatory Notes
General Outline
· The Bill makes provision for the issue of the Queensland Adult
Proof of Age Card.
· Minor amendments are also made to the Liquor Act 1992 and the
Tobacco and Other Smoking Products Act 1998.
This Bill will enable the Minister to replace the current laminated Card 18+
with a new smartcard product, to be known as the Adult Proof of Age Card.
Short Title
The Short title of the Bill is the Adult Proof of Age Card Bill 2008.
Policy Objectives of the Legislation
Objectives of the Bill
The objective of this Bill is to allow Queensland Transport to issue an
Adult Proof of Age Card to people who reside in Queensland and who are
18 years of age or over and may not hold a driver licence or may not wish
to use their driver licence as a proof of age credential. The Proof of Age
Card, in the form of a smartcard, can be used as evidence of the age and
identity of a person.
The Adult Proof of Age Card will eventually replace the Card 18+
currently issued by Queensland Transport.
Reasons for the Bill
The Bill introduces a head of power to allow an Adult Proof of Age Card to
be issued.
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Adult Proof of Age Card Bill 2008
Currently, the Card 18+ benefits those people in the community who have a
need for a photo identification document, but who do not currently hold a
driver licence, a passport or other trusted photographic identification.
While the Card 18+ has long history of use and acceptance by young
people using it as a credential for accessing licensed premises, usage
statistics suggest that the Card 18+ is increasingly used by older people
who do not hold other forms of photographic identification. This includes,
for example, people with medical conditions preventing them from driving,
and/or people who have been disqualified from driving. There will be a
transition period in which Card 18+ or the new Adult Proof of Card will be
issued depending on the installation of smartcard equipment at individual
card issuing centres.
The new Adult Proof of Age Card initiative represents the Queensland
Government's response to rapidly ageing technology for the issue of the
Card 18+. The current laminated card, which is produced by Queensland
Transport, is vulnerable to fraud and its use to facilitate identity deceptions
is on the increase. The current incidence of identity fraud and other
criminal activity using falsely-obtained Card 18+ is unacceptably high, and
is one of the main drivers for the Queensland Government's decision to
introduce the new Queensland smartcard Adult Proof of Age product.
For the first time Queensland Transport will take and store digital photos
and digitised signatures of Queenslanders who apply for an Adult Proof of
Age Card. The digital photo will allow the use of facial recognition
technology to enable the confirmation of the identity of applicants for new
or replacement products. The Queensland Government's Information
Standards IS42 (Information Privacy) and IS18 (Information Security) will
apply to the protection of personal information stored on the smartcard
platform.
It is necessary to enact new legislation to address the issues relating to
outdated technology (current laminated products), identity fraud and
information security. For consistency, where possible, the provisions have
been mirrored from the Transport (New Queensland Driver Licensing)
Amendment Bill 2008. Specifically, the Bill--
· allows for the collection and storage of digital photos and
digitised signatures for the purposes of granting and issuing the
Adult Proof of Age Card;
· includes provisions to manage access to biometric data (stored on
the department's Image Management System database) and other
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Adult Proof of Age Card Bill 2008
information about licence holders stored electronically on the
new smartcard;
· contains provisions that manage access to the information stored
on the smartchip including information stored by the cardholder;
· creates offences, penalties and sanctions specific to the new
smartcard;
· provides for a parliamentary report of access by police to the
digital photos; and
· makes amendments to the Liquor Act 1992 and the Tobacco and
Other Smoking Products Act 1998, to allow for the new product
to be recognised as a proof of age credential.
Achievement of Objectives
The Bill achieves its objectives in relation to Queensland's Information
Privacy Principles by--
· ensuring the introduction of a regulated proof of age credential;
· managing the biometric data and other information about the
Adult Proof of Age card holder;
· introducing offences, penalties and sanctions specific to the new
Adult Proof of Age smartcard;
· introducing an access regime to restrict access to biometric data
stored on the database and on the new smartchip;
· incorporating the intent of the recommendations of the Crime
and Misconduct Commission's 2005 report on the proposed
legislation to ensure that digital photos are treated differently to
text based information; and
· establishing a system for the release of information to the
Queensland Police Service.
Alternatives to the Bill
The policy objectives require legislation to give ongoing effect.
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Adult Proof of Age Card Bill 2008
Estimated Cost for Government Implementation
It is not anticipated that the Queensland Government will face any
administrative costs associated with the implementation of the Adult Proof
of Age Card scheme as it will be conducted on a cost recovery basis.
However, there may be some consequential advertising or publication costs
for the Office of Liquor, Gaming and Racing to reflect the name of the new
Adult Proof of Age Card in its literature.
Consistency with Fundamental Legislative Principles
The Bill has been drafted with due regard to the Fundamental Legislative
Principles as outlined in the Legislative Standards Act 1992.
Clause 42 (Evidence from APA register) will allow the chief executive to
issue a certificate as evidence of a fact so that a range of basic matters
relating to records kept in the APA register may be put in evidence before a
court through the certificate, rather than through the calling of witnesses.
Evidentiary certificates have the potential to breach the fundamental
legislative principle that legislation should not reverse the onus of proof in
criminal proceedings without adequate justification. The Scrutiny of
Legislation Committee has considered evidentiary certificate provisions to
be unexceptionable where they relate to matters that are non-contentious
and if they are treated only as evidence, that is they are not conclusive of a
fact. The provision relates to matters that are non-contentious and does not
declare the certificate to be conclusive.
The Bill potentially breaches the right to privacy of an individual because
of the retention of photos and signatures. However the legislation contains
safeguards that restrict access to photos and signatures and their use to
specified purposes. These safeguards include restricting access to digital
photos--
· to the person whose facial image is encoded on the photo, or
someone else with that person's consent;
· to a police officer performing a function under the Act; and
· to a police officer authorised to access a photo under an access
approval order or a post-access approval under the Police Powers
and Responsibility Act 2000.
The Bill also potentially breaches the right to privacy of an individual when
information kept on the register is released to another entity that issues
proof of age cards in another Australian jurisdiction. However, this release
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Adult Proof of Age Card Bill 2008
can only be made where the purpose is the issue of a proof of age card
under a law of that jurisdiction. That is, the person named on the card is
seeking a proof age card to be issued in another state. Also, any release of
information will be made under an agreement between governments as
currently applies to the release of driver licence information.
Consultation
The following departments and agencies were consulted on the
development of the Bill--
· Department of the Premier and Cabinet;
· Queensland Treasury (Office of Liquor, Gaming and Racing);
· Queensland Police Service;
· Office of Queensland Parliamentary Counsel; and
· Department of Justice and the Attorney-General.
The Crime and Misconduct Commission has been consulted throughout the
development of the New Queensland Driver Licence and the protocols
recommended by the Commission for access to driver licensing digital
photos have been used for the Adult Proof of Age Card.
Outline of provisions
Part 1 Preliminary
Clause 1 sets out the Short title of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day to
be fixed by proclamation.
Clause 3 sets out the object of the proposed Act as allowing the chief
executive to issue a card on which information may be stored electronically
and that may be used as identification of a person's age. The Act's second
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Adult Proof of Age Card Bill 2008
objective is to ensure that a person's identity is established before an adult
proof of age card is issued.
Clause 4 provides that certain words and expressions used in the proposed
Act are set out in the dictionary.
Part 2 Adult proof of age card
Clause 5 defines an adult proof of age card as a card on which information
may be stored electronically and which contains a unique identifying
number and a photo of the person named on the card. The card also states
the person's name and date of birth indicating that the person is 18 or more
and its expiry date.
Clause 6 declares that an adult proof of age card remains the property of
the State.
Clause 7 sets out who is eligible to be issued with a card. A person must
ordinarily reside in Queensland and be at least 18 years of age to be eligible
for the issue of a card.
Clause 8 provides that an eligible person may apply for a card. The
application must be made in the approved form and be accompanied by
proof of the applicant's identity and the fee.
Clause 9 allows an existing cardholder to apply by electronic
communication, when the cardholders proof of age card is about to expire.
There must also be at least 5 years before the end of the shelf life for the
digital photo and digitised signature or the most recent extension of the
shelf life. The chief executive must have notified the cardholder that an
electronic application can be made. The standard shelf life is 10 years (see
Dictionary).
Clause 10 allows the chief executive to request additional information from
an applicant to decide an application. This may be needed, for example, if
an applicant fails the one-to-many digital photo matching procedure or if
an applicant's evidence of identity documents are incomplete or need to be
clarified. By implementing robust evidence of identity processes to obtain
an adult proof of age card the department offers a high level of product
integrity.
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Clause 11 provides that an application must be considered and that it must
be either granted or refused. Before granting an application, the chief
executive needs to be satisfied about the applicant's identity and that the
applicant has met the eligibility requirements including that the person
ordinarily resides in Queensland. Also the application cannot be granted if
the fee has not been paid. Where an electronic application from a previous
cardholder has been made, the chief executive must be satisfied that the
applicant holds a valid card, that there is at least 5 years before the end of
the shelf life for the digital photo and digitised signature or the most recent
extension of the shelf life. If the chief executive refuses an application, the
applicant must be given an information notice for the decision which states
the reasons for the decision and information about the review and appeal
process.
Clause 12 authorises the chief executive to issue a card if an application is
granted. Cards will be issued by post.
Clause 13 provides that a card expires 10 years after its issue unless it is
sooner cancelled.
Clause 14 provides that a card may be cancelled if it was issued because of
a document or representation that was false or misleading.
Clause 15 sets out the procedure for cancelling a card. It requires that the
chief executive give a notice to a cardholder stating the grounds as well as
the facts and circumstances which form the basis for the grounds of
proposal to cancel a card. The notice must also invite the cardholder to
show cause in writing why the card should not be cancelled. A period of at
least 28 days must be allowed for the cardholder to respond to the notice.
The chief executive is required to consider any representations made by the
cardholder within the time allowed.
Clause 16 allows a cardholder to surrender a card.
Clause 17 sets out the circumstances in which the chief executive may
require the card to be replaced and the procedures to be followed. The chief
executive may issue a notice to the person if the information stated on the
Adult Proof of Age Card is incorrect because of an error made by the chief
executive. The cardholder must return the card. On receipt of the card a
new card showing the correct details must be issued.
Clause 18 sets out the procedure for a cardholder to make application for a
replacement card if the information on the card is incorrect or the card is
damaged, lost or stolen. The application must be made in the approved
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form and be accompanied by the prescribed fee and by the card if it is
damaged. The chief executive must issue a replacement card.
Part 3 Offences
Clause 19 provides that where a card is damaged, lost or stolen that the
holder must notify the chief executive. An offence arises if a person does
not give the required notice. Where a replacement card under this section
is issued and the original card is found or returned to the cardholder, the
cardholder will be liable for an offence if the original card is not returned to
the chief executive. The purpose is to prevent a person holding two or more
cards.
Clause 20 declares that Part 3 Division 2 does not apply to persons carrying
out a function, or exercising a power under the Act or another Act.
Clause 21 creates offences of wilfully damaging or destroying a card.
Clause 22 creates offences for making false or misleading representations.
Clause 23 creates offences for wrongful dealing with documents that are
used to obtain a card.
Clause 24 creates offences concerned with giving or lending a card to
another person and the offence of unlawful possession of a card.
Clause 25 creates offences relating to the transmission or possession of a
document that resembles an adult proof of age card.
Part 4 Register of adult proof of age
Clause 26 requires the chief executive to maintain a register retaining
details of each cardholder along with other information also deemed
relevant under the Act.
Clause 27 sets out the form of the register and allows the register to be kept
as part of another register kept by the chief executive.
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Clause 28 provides that the chief executive may amend the register to
correct, include or update information.
Clause 29 imposes obligations on the chief executive to ensure the integrity
of information on the card register and obligations on a holder to respond to
written notice concerning inaccurate, incomplete or misleading
information.
Clause 30 authorises the chief executive to release or give electronic access
to information about a person on the register. An application for the release
of information may be made by--
· the person or someone else with the person's written consent;
· the police commissioner;
· a person who issues proof of age cards under a law about proof of
age cards in another Australian jurisdiction;
· an entity to whom a person has produced the card as evidence of
the person's identity.
The release of a person's digital photo or digitised signature is not
authorised by this section.
Part 5 Biometric data and other
information relating to adult
proof of age card holders
Clause 31 requires an applicant for a card to allow the chief executive to
take and keep a digital photo and digitised signature and sets out the other
ways in which the digital photo and digitised signature can be obtained for
their use on a card.
Clause 32 sets out the purposes for which digital photos and digitised
signatures can be used. This includes--
· verifying the person's identity for the issuing of a card;
· the reproduction of the person's photo and signature on a card;
· verifying the person's identity for the security features of a
smartcard, such as setting a PIN; and
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· for the investigation or prosecution of an offence.
Clause 33 imposes restrictions on the release of digital photos. The chief
executive will give a cardholder access to a photo if the person's facial
image is encoded on the digital photo and the person's connection to the
photo is established by facial recognition technology or some other
evidence of the person's identity. A police officer must be granted access
for exercising a power under the Act or where the access is authorised
under the Police Powers and Responsibilities Act 2000. Access means
obtaining a copy of the digital photo including by electronic
communication.
Clause 34 sets out the obligations of the chief executive to ensure that
digital photos and digitised signatures are deleted from any register kept by
the chief executive when their retention period has ended.
Clause 35 provides for a cardholder's emergency contact information to be
stored electronically on a card.
Clause 36 restricts access to information stored electronically on a card
to--
· the cardholder or someone with the cardholder's consent;
· a police officer authorised under the Police Powers and
Responsibilities Act 2000; and
· a person authorised under another Act. However this person must
not access the emergency contact information.
Access includes viewing or taking a copy of the information.
Clause 37 provides that the retention period for a digital photo or digitised
signature is 30 years. However the section provides for different periods in
particular circumstances and the method for working out the retention
period.
Clause 38 imposes obligations on the chief executive to provide an annual
report regarding access by police officers under section 33 to digital photos
on the card register allowed. A report will be tabled by the Minister that
shows what access the police have had to digital photos kept on the register.
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Part 6 Review and appeal
Clause 39 provides for the review by the chief executive of decisions to
cancel a card or to refuse to issue a card using the processes under division
2 of part 5 of the Transport Planning and Coordination Act 1994.
Clause 40 provides a mechanism for a person to appeal against a reviewed
decision to a magistrate. Division 3 of part 5 of the Transport Planning and
Coordination Act 1994 applies to the appeal.
Part 7 Legal proceedings
Clause 41 declares that the Part applies to proceedings under the Act.
Clause 42 provides the manner in which the chief executive can supply
evidence from the card register.
Clause 43 allows a presumption of validity for the chief executive's
appointment and authority in proceedings unless a party requires proof.
Clause 44 declares that a signature purporting to be the chief executive's
signature is evidence of the signature it purports to be.
Clause 45 provides for the proceedings for offence to be taken summarily
under the Justices Act 1886.
Part 8 Miscellaneous
Clause 46 imposes obligations on persons involved directly or indirectly in
the administration of the Act to keep information about individuals
confidential. This includes restrictions on recording, disclosing, using and
giving access to information, including digital photo and digitised
signature.
Clause 47 gives protection against civil liability in connection with the
exercise of functions under the Act. Civil liability may attach to the State.
Clause 48 authorises the chief executive to approve forms.
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Clause 49 creates a general regulation-making power but restricts a
regulation from prescribing a penalty for an offence of more than 20
penalty units or the prescribing of a fee for a replacement card where the
card needs to be replaced because of an error made by the department.
This section allows a regulation to be made for a PIN to be used as a
security measure for information stored electronically on a card and for the
verification of a person's identity for security purposes for the card (for
example, a shared secret).
Part 9 Amendment of other Acts
Clause 50 declares that Division 1 amends the Liquor Act 1992.
Clause 51 replaces the provision dealing with acceptable evidence of age
with a revised provision that includes reference to an adult proof of age
card under the Adult Proof of Age Card Act 2008.
Clause 52 amends s.158(3) to insert a reference to an adult proof of age
card.
Clause 53 amends s.159(1)(b) to insert a reference to an adult proof of age
card.
Clause 54 declares that Division 2 amends the Tobacco and Other Smoking
Products Act 1998.
Clause 55 extends the definition of proof of age card to include an adult
proof of age card.
Schedule Dictionary
Defines terms such as damaged, digital photo, electronic communication,
emergency contact information, prescribed Act, retention period, shelf life,
take and valid proof of age card.
© State of Queensland 2008
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