Western Australian Photo Card Act 2014

 

Western Australian Photo Card Act 2014

Contents

Part 1 — Preliminary

1.Short title1

2.Commencement1

3.Terms used1

Part 2 — Western Australian Photo Card

4.Eligibility for photo card3

5.Application for photo card3

6.Provision of photograph and signature3

7.Issue of photo card4

8.Form and content of photo card4

9.Duration of photo card5

10.Cancellation of photo card5

11.Other offences relating to photo cards6

Part 3 — Information management

12.Terms used7

13.Register7

14.Disclosure of photo card information7

15.Disclosure of photographs to police, ASIO and law enforcement officials8

16.Disclosure of photographs to executor or administrator9

17.Photographs and signatures: possession, reproduction and destruction9

Part 4 — Administration

18.Delegation of functions of CEO11

19.Delegation of functions of Commissioner of Police11

20.Agreements for performance of functions12

Part 5 — Other matters

21.Confidentiality of information14

22.Protection from liability for wrongdoing14

23.Proceedings for offences15

24.Regulations15

Notes

Compilation table17

 

Western Australian Photo Card Act 2014

An Act to provide for the issue of a document known as a Western Australian Photo Card and for related purposes.

The Parliament of Western Australia enacts as follows:

 

Part 1  Preliminary

1.Short title

This is the Western Australian Photo Card Act 2014.

2.Commencement

This Act comes into operation as follows —

(a)sections 1 and 2 — on the day on which this Act receives the Royal Assent;

(b)the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

3.Terms used

In this Act, unless the contrary intention appears —

applicant means a person who makes an application under section 5;

cardholder, in relation to a photo card, means the person to whom the card is issued;

CEO means the chief executive officer of the Department;

Commissioner of Police means the person holding or acting in the office of Commissioner of Police under the Police Act 1892;

Department means the department of the Public Service principally assisting in the administration of this Act;

destroyed includes damaged so as to be unusable;

disclose includes to provide, to release and to give access to;

eligible person means a person who is eligible under section 4 for the issue of a Western Australian Photo Card;

expiry day, in relation to a photo card, means the last day of the period for which the photo card is current;

photo card means a Western Australian Photo Card issued to a cardholder by the CEO under this Act and includes, where relevant, any replacement or additional card issued to that cardholder in accordance with the regulations;

photo card information means information about photo cards, including the information referred to in section 13(1), but does not include photographs and signatures provided to the CEO under this Act;

photograph includes a negative or an image stored electronically;

prescribed means prescribed by the regulations.

Part 2  Western Australian Photo Card

4.Eligibility for photo card

A person is eligible for the issue of a Western Australian Photo Card if the person —

(a)is ordinarily resident in the State; and

(b)has reached 16 years of age; and

(c)meets any other requirements prescribed for the purposes of this section.

5.Application for photo card

(1)A person may apply in writing to the CEO for the issue of a Western Australian Photo Card.

(2)The application must be made in a form approved by the CEO.

(3)The application must be accompanied by —

(a)such evidence as the CEO requires to satisfy the CEO of the applicant’s eligibility, identity and residential address; and

(b)where relevant, a photograph and a signature in accordance with section 6; and

(c)the prescribed fee.

(4)A person who holds a photo card (the current card) cannot make an application under subsection (1) for a new photo card earlier than 6 months before the expiry day of the current card.

(5)Subsection (4) does not apply to an application for a replacement or additional card issued in accordance with the regulations.

6.Provision of photograph and signature

(1)An applicant must provide to the CEO, for use on the photo card —

(a)unless subsection (3) applies, a photograph of the applicant; and

(b)unless subsection (4) applies, the applicant’s signature.

(2)The photograph and signature are to be provided in a manner and form approved by the CEO.

(3)An applicant does not have to provide a photograph under subsection (1) if, within the period of 10 years before the application, the applicant has provided a photograph under this Act.

(4)An applicant does not have to provide a signature under subsection (1) if —

(a)the person is unable to sign because of a permanent disability; or

(b)within the period of 10 years before the application, the applicant has provided a signature under this Act.

7.Issue of photo card

The CEO may issue a Western Australian Photo Card to an applicant if —

(a)the CEO is satisfied that the applicant is an eligible person; and

(b)the applicant has —

(i)provided the evidence referred to in section 5(3)(a); and

(ii)complied with section 6 in relation to the provision of a photograph and signature; and

(iii)paid the fee referred to in section 5(3)(c).

8.Form and content of photo card

(1)A photo card must be in a form approved by the CEO.

(2)A photo card must contain the following —

(a)the cardholder’s photograph;

(b)the cardholder’s name;

(c)the cardholder’s date of birth;

(d)if the cardholder so chooses, the cardholder’s residential address;

(e)the cardholder’s signature, unless section 6(4)(a) applies;

(f)the expiry day of the card.

9.Duration of photo card

A photo card is current for the period prescribed, or provided for, by the regulations.

10.Cancellation of photo card

(1)The CEO may, by written notice given to the cardholder, cancel a photo card —

(a)if the CEO considers that the cardholder is no longer an eligible person; or

(b)if the CEO considers that the cardholder obtained the photo card on the basis of incorrect or misleading information (whether or not fraud or misrepresentation was involved) or in a manner contrary to this Act; or

(c)if the cardholder obtained the photo card by means of a form of payment that was subsequently dishonoured; or

(d)on such other grounds (if any) as are prescribed.

(2)If a photo card is cancelled under subsection (1), the CEO may, by the notice referred to in subsection (1) or by subsequent written notice given to the cardholder, direct the cardholder, within the period specified in the notice —

(a)to return the photo card to the CEO in the manner specified in the notice; or

(b)to notify the CEO in writing that the photo card has been stolen, lost or destroyed.

(3)A person must comply with a direction given under subsection (2).

Penalty: a fine of $2 500.

11.Other offences relating to photo cards

(1)A person must not give information that the person knows to be false or misleading in a material particular to a person performing a function under this Act.

(2)A person must not forge or fraudulently alter a photo card.

(3)A person must not use a forged or fraudulently altered photo card, or a photo card to which the person is not entitled.

(4)A person must not, without lawful excuse, have in the person’s possession with intent to deceive, a photo card, or an article resembling a photo card.

(5)A person must not lend a photo card to, or allow a photo card to be used by, another person.

Penalty for an offence under this section: a fine of $2 500.

Part 3  Information management

12.Terms used

In this Part —

photograph means a photograph provided to the CEO under this Act;

signature means a signature provided to the CEO under this Act.

13.Register

(1)The CEO must keep an accurate and up to date register that records the following information in respect of each photo card issued under this Act —

(a)the cardholder’s name;

(b)the cardholder’s date of birth;

(c)the cardholder’s last known residential address;

(d)the first day of the period for which the card is current;

(e)the expiry day of the card;

(f)if the card has been cancelled under section 10, the date of cancellation;

(g)whether a replacement or additional card has been issued to the cardholder;

(h)any other information the CEO considers appropriate.

(2)The register may be kept in such form as the CEO thinks fit.

14.Disclosure of photo card information

(1)In this section —

authorised purpose means —

(a)the purpose of performing functions under a written law or a law of the Commonwealth, another State or a Territory; or

(b)a purpose related to the administration or enforcement of a written law or a law of the Commonwealth, another State or a Territory; or

(c)a purpose prescribed for the purposes of this definition;

prescribed person means a person prescribed, or who falls within a class of persons prescribed, for the purposes of this definition.

(2)The CEO may disclose photo card information to a prescribed person if the CEO considers that the information is required by the person for an authorised purpose.

(3)The following persons must not use disclosed photo card information for a purpose other than the authorised purpose for which it was disclosed —

(a)a person to whom the information is disclosed under subsection (2);

(b)a person who is employed or engaged by a person to whom the information is disclosed under subsection (2).

Penalty: a fine of $5 000 or imprisonment for 12 months.

15.Disclosure of photographs to police, ASIO and law enforcement officials

(1)In this section —

ASIO Act means the Australian Security Intelligence Organisation Act 1979 (Commonwealth);

ASIO official means —

(a)the Director‑General of Security; or

(b)an officer or employee of the Australian Security Intelligence Organisation (continued under the ASIO Act) who is authorised by the Director‑General of Security for the purposes of this section;

Director‑General of Security means the Director‑General of Security holding office under the ASIO Act;

law enforcement official means a person prescribed, or who falls within a class of persons prescribed, for the purposes of this section;

police official means —

(a)the Commissioner of Police; or

(b)a police officer who is authorised by the Commissioner of Police for the purposes of this section; or

(c)a person employed or engaged in the department of the Public Service principally assisting in the administration of the Police Act 1892 who is authorised by the Commissioner of Police for the purposes of this section.

(2)The CEO must disclose photographs to a police official for the purposes of the performance of the police official’s functions under a written law.

(3)The CEO must disclose photographs to an ASIO official for the purposes of the performance of the ASIO official’s functions under the ASIO Act or another law of the Commonwealth.

(4)The CEO may, with the prior approval of the Commissioner of Police, disclose photographs to a law enforcement official if the CEO considers that the photographs are required for the purposes of the performance of the law enforcement official’s functions under a written law or a law of the Commonwealth, another State or a Territory.

16.Disclosure of photographs to executor or administrator

If the person shown in a photograph has died, the CEO may disclose the photograph to an executor or administrator of the person’s estate.

17.Photographs and signatures: possession, reproduction and destruction

(1)The CEO must ensure that a photograph or signature is destroyed if it, or a copy of it, has not been used on a photo card issued in the preceding 10 years.

(2)A person must not, other than for the purposes of this Act, possess a photograph or signature that is not on a photo card.

Penalty: imprisonment for 2 years.

(3)Subsection (2) does not apply to a person who possesses a photograph as a result of its disclosure under section 15 or 16.

(4)A person employed or engaged in connection with any aspect of the production of photo cards or otherwise concerned in the administration of this Act must not, other than for the purposes of this Act —

(a)reproduce, by any means, a photograph or signature; or

(b)cause or permit another person to do so.

Penalty for an offence under this subsection: imprisonment for 2 years.

Part 4 — Administration

18.Delegation of functions of CEO

(1)The CEO may delegate to a person any power or duty of the CEO under another provision of this Act.

(2)The delegation must be in writing signed by the CEO.

(3)If a person is not employed in the Department, a power or duty can only be delegated to the person under this section if the person has been approved by the Minister for the purposes of this section.

(4)An approval under subsection (3) may be given in respect of —

(a)a specified person or persons of a specified class; or

(b)the holder or holders for the time being of a specified office or class of office.

(5)A person to whom a power or duty is delegated under this section cannot delegate that power or duty.

(6)A person exercising or performing a power or duty that has been delegated to the person under this section, is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.

(7)Nothing in this section limits the ability of the CEO to perform a function through an officer or agent.

19.Delegation of functions of Commissioner of Police

(1)The Commissioner of Police may delegate a power or duty of the Commissioner under section 15 to any of the following —

(a)a specified police officer;

(b)a police officer of a specified class;

(c)a person who is employed in the department of the Public Service principally assisting in the administration of the Police Act 1892.

(2)The delegation must be in writing signed by the Commissioner of Police.

(3)A person to whom a power or duty is delegated under this section cannot delegate that power or duty.

(4)A person exercising or performing a power or duty that has been delegated to the person under this section, is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.

(5)Nothing in this section limits the ability of the Commissioner of Police to perform a function through an officer or agent.

20.Agreements for performance of functions

(1)The CEO may enter into an agreement providing for the CEO’s functions under this Act that are described in the agreement to be performed on behalf of the CEO.

(2)The agreement may be with the Commissioner of Police, a local government, or any other person or body, whether or not the person or body has itself functions of a public nature.

(3)A function described in the agreement may be performed —

(a)in accordance with the agreement; and

(b)on and subject to terms and conditions in the agreement.

(4)If the performance of a function is dependent upon the opinion, belief, or state of mind of the CEO it may be performed under the agreement upon the opinion, belief, or state of mind of the person or body with whom the agreement is made or another person provided for in the agreement.

(5)The CEO may disclose photo card information to the person or body with whom the agreement is made if the CEO considers that the information is required for the purposes of performing a function under the agreement.

(6)For the purposes of this Act or any other written law, an act or thing done by, to, by reference to, or in relation to, a person or body in connection with the performance by that person or body under the agreement of a function of the CEO is as effectual as if it had been done by, to, by reference to, or in relation to, the CEO.

Part 5  Other matters

21.Confidentiality of information

(1)A person who is or has been engaged in the performance of functions under this Act must not, directly or indirectly, record, disclose or make use of information obtained under this Act except —

(a)for a purpose related to the administration or enforcement of this Act; or

(b)as required or authorised under this Act or another written law; or

(c)with the consent of the person to whom the information relates; or

(d)in circumstances prescribed by the regulations.

Penalty: a fine of $5 000 or imprisonment for 12 months.

(2)Subsection (1) does not prevent the disclosure of statistical or other information that could not reasonably be expected to lead to the identification of any person to whom it relates.

22.Protection from liability for wrongdoing

(1)An action in tort does not lie against a person for anything that the person has done, in good faith, in the performance or purported performance of a function under this Act.

(2)The State is also relieved of any liability that it might otherwise have had for a person having done anything as described in subsection (1).

(3)The protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Act had been enacted.

(4)In this section, a reference to the doing of anything includes a reference to an omission to do anything.

23.Proceedings for offences

(1)Without limiting the functions of the DPP under the Director of Public Prosecutions Act 1991, a prosecution for an offence under this Act may only be commenced by —

(a)the CEO; or

(b)a person authorised, or a person who falls within a class of persons authorised, in writing by the CEO to do so.

(2)A prosecution for an offence under this Act must be commenced within 2 years after the date on which the offence was allegedly committed.

24.Regulations

(1)The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.

(2)Without limiting subsection (1), the regulations may do one or more of the following —

(a)provide for the replacement of photo cards;

(b)provide for the issue of additional photo cards, to enable cardholders to hold a photo card containing the cardholder’s residential address and a photo card that does not contain the cardholder’s residential address;

(c)provide for the provision of photographs and signatures for use on replacement and additional photo cards;

(d)provide for the circumstances in which a photo card must be returned to the CEO and the manner in which it is to be returned;

(e)provide for a cardholder to be required to notify the CEO if the cardholder’s photo card is damaged, stolen, lost or destroyed;

(f)provide for a cardholder to be required to notify the CEO of a change of residential address or other particulars in respect of the cardholder;

(g)prescribe fees payable in relation to any matter under this Act;

(h)provide that contravention of a regulation is an offence and, for an offence against the regulations, provide for a penalty not exceeding a fine of $5 000.

 

 

Notes

1This is a compilation of the Western Australian Photo Card Act 2014. The following table contains information about that Act.

Compilation table

Short title

Number and year

Assent

Commencement

Western Australian Photo Card Act 2014

1 of 2014

26 Feb 2014

s. 1 and 2: 26 Feb 2014 (see s. 2(a));
Act other than s. 1 and 2: 1 Jul 2014 (see s. 2(b) and
Gazette 17 Jun 2014 p. 1955)

 

 

Defined terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

applicant3

ASIO Act15(1)

ASIO official15(1)

authorised purpose14(1)

cardholder3

CEO3

Commissioner of Police3

current card5(4)

Department3

destroyed3

Director‑General of Security15(1)

disclose3

eligible person3

expiry day3

law enforcement official15(1)

photo card3

photo card information3

photograph3, 12

police official15(1)

prescribed3

prescribed person14(1)

signature12