Western Australian Photo Card Act 2014

Western Australian Photo Card Regulations 2014

 

Western Australian Photo Card Regulations 2014

Contents

Part 1 — Preliminary

1.Citation1

2.Commencement1

3.Terms used1

Part 2 — Western Australian Photo Card

4.Replacement photo cards1

5.Additional photo cards1

6.Duration of photo card1

7.Fees under s. 5(3)(c)1

8.Stolen, lost or destroyed photo cards1

9.Change of cardholder’s address1

Part 3 — Information management

10.Disclosure of photo card information1

11.Disclosure of photographs1

Notes

Compilation table1

 

Western Australian Photo Card Act 2014

Western Australian Photo Card Regulations 2014

Part 1 — Preliminary

1.Citation

These regulations are the Western Australian Photo Card Regulations 2014.

2.Commencement

These regulations come into operation on the day on which the Western Australian Photo Card Act 2014, other than sections 1 and 2, comes into operation.

3.Terms used

In these regulations —

current photo card means a photo card that is current under regulation 6;

section means a section of the Act.

Part 2 — Western Australian Photo Card

4.Replacement photo cards

(1)In this regulation —

applicant means a person who makes an application under section 5 for a replacement photo card.

(2)The CEO may issue a replacement photo card under section 7 to an applicant if the CEO is satisfied that a photo card previously issued to the applicant has been stolen, lost, destroyed or there is any other good reason for the photo card to be replaced.

5.Additional photo cards

(1)In this regulation —

applicant means a person who makes an application under section 5 for an additional photo card.

(2)The CEO may issue an additional photo card under section 7 to an applicant to enable the applicant to hold a photo card containing the applicant’s residential address and a photo card that does not contain the applicant’s residential address.

6.Duration of photo card

(1)A photo card is current for a period beginning on the day on which the photo card is issued by the CEO.

(2)Unless cancelled sooner under section 10, the period for which a photo card is current is —

(a)5 years; or

(b)if subregulation (3), (4) or (5) applies, the period provided for by that subregulation.

(3)If a new photo card is issued before or on the expiry day of the current card (as defined in section 5(4)), the new photo card is current until the day that would have been the expiry day of that card had it been issued for a period of 5 years beginning on the day after the expiry day of the current card.

(4)If a replacement photo card is issued in accordance with regulation 4 —

(a)on the day the replacement photo card is issued the photo card that is being replaced (the replaced card) ceases to be current; and

(b)the replacement photo card is current until the day that would have been the expiry day of the replaced card had the replaced card not ceased to be current under paragraph (a).

(5)If an additional photo card is issued to an applicant in accordance with regulation 5 at a time after the issue of the other card held by the applicant (the other card), the additional photo card is current until the expiry day of the other card.

7.Fees under s. 5(3)(c)

The fees specified in the Table are prescribed for the purposes of section 5(3)(c).

Table

Item

Matter

Fee

1.

Application for, and issue of, a photo card other than a photo card referred to in item 2 or 3




$40.50

2.

Application for, and issue of, a replacement photo card in accordance with r. 4



$35.40

3.

Application for, and issue of, an additional photo card in accordance with r. 5



$35.40

8.Stolen, lost or destroyed photo cards

(1)If a current photo card is stolen, lost or destroyed, the cardholder must, in accordance with subregulation (2), give the CEO notice of that fact.

Penalty: a fine of $250.

(2)The notice must be given —

(a)in writing or in any other manner approved in writing by the CEO; and

(b)within the period of 21 days after the day on which the cardholder becomes aware that the photo card has been stolen, lost or destroyed.

9.Change of cardholder’s address

(1)If, in respect of a current photo card, the residential address that the cardholder most recently gave to the CEO ceases to be the cardholder’s current residential address, the cardholder must, in accordance with subregulation (2), give the CEO notice of that fact and of the cardholder’s current residential address.

Penalty: a fine of $250.

(2)The notice must be given —

(a)in writing or in any other manner approved in writing by the CEO; and

(b)within the period of 21 days after the day on which the cardholder’s residential address changed.

Part 3 — Information management

10.Disclosure of photo card information

For the purposes of the definition of prescribed person in section 14(1), the following persons are prescribed —

(a)the Commissioner of Police;

(b)the Commissioner, as defined in the Corruption and Crime Commission Act 2003 section 3(1);

(c)the Commissioner, as defined in the Australian Federal Police Act 1979 (Commonwealth) section 4(1);

(d)the Commissioner, as defined in the Police Act 1990 (New South Wales) section 3(1);

(e)the Commissioner, as defined in the Police Act 1998 (South Australia) section 3;

(f)the Commissioner, as defined in the Police Administration Act (Northern Territory) section 4(1);

(g)the Chief Commissioner of Police appointed under the Police Regulation Act 1958 (Victoria) section 4(1);

(h)the Commissioner, as defined in the Police Service Act 2003 (Tasmania) section 3;

(i)the commissioner, as defined in the Police Service Administration Act 1990 (Queensland) section 1.4.

11.Disclosure of photographs

For the purposes of the definition of law enforcement official in section 15(1), the following persons are prescribed —

(a)the Commissioner, as defined in the Corruption and Crime Commission Act 2003 section 3(1);

(b)the Commissioner, as defined in the Australian Federal Police Act 1979 (Commonwealth) section 4(1);

(c)the Commissioner, as defined in the Police Act 1990 (New South Wales) section 3(1);

(d)the Commissioner, as defined in the Police Act 1998 (South Australia) section 3;

(e)the Commissioner, as defined in the Police Administration Act (Northern Territory) section 4(1);

(f)the Chief Commissioner of Police appointed under the Police Regulation Act 1958 (Victoria) section 4(1);

(g)the Commissioner, as defined in the Police Service Act 2003 (Tasmania) section 3;

(h)the commissioner, as defined in the Police Service Administration Act 1990 (Queensland) section 1.4.

 

Notes

1This is a compilation of the Western Australian Photo Card Regulations 2014. The following table contains information about those regulations.

Compilation table

Citation

Gazettal

Commencement

Western Australian Photo Card Regulations 2014

18 Jun 2014 p. 2011‑20

1 Jul 2014 (see r. 2 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)

applicant4(1), 5(1)

current photo card3

other card6(5)

replaced card6(4)

section3