Western Australian Photo Card Act 2014
Western Australia
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 card5
9.Duration of photo card5
10.Cancellation of photo card5
11.Other offences relating to photo cards6
Part 3 — Information management
12.Terms used7
12A.Disclosure by means of automated system7
13.Register8
14.Disclosure of identifying information or photo card information to prescribed person8
14A.Disclosure of identifying information or photo card information with consent10
15.Disclosure of photographs to police, ASIO and law enforcement officials10
16.Disclosure of photographs to executor or administrator11
17.Possession and reproduction of photographs and signatures11
17A.No subpoena or order for disclosure of identifying information12
17B.Annual report in relation to identifying information12
17C.Tabling amendments to intergovernmental agreement13
Part 4 — Administration
18.Delegation of functions of CEO14
19.Delegation of functions of Commissioner of Police14
20.Agreements for performance of functions15
Part 5 — Other matters
21.Confidentiality of information17
22.Protection from liability for wrongdoing17
23.Proceedings for offences18
24.Regulations18
Notes
Compilation table20
Defined terms
Western Australia
Western Australian Photo Card Act 2014
The Parliament of Western Australia enacts as follows:
This is the Western Australian Photo Card Act 2014.
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.
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 an electronic record of a photograph;
prescribed means prescribed by the regulations;
(a)the Road Traffic (Authorisation to Drive) Act 2008; or
(b)a prescribed Act;
signature includes an electronic record of a signature.
[Section 3 amended: No. 8 of 2022 s. 14.]
Part 2 — Western Australian 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.
(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 or a related 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 or a related Act.
(5)The CEO is authorised to use on a photo card a photograph or signature provided by the applicant under this Act, or a related Act, within the period of 10 years before the application.
[Section 6 amended: No. 8 of 2022 s. 15.]
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.
A photo card is current for the period prescribed, or provided for, by the regulations.
(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 for this subsection: a fine of $2 500.
[Section 10 amended: No. 8 of 2022 s. 16.]
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.
Penalty for this subsection: a fine of $2 500.
(2)A person must not forge or fraudulently alter a photo card.
Penalty for this subsection: a fine of $2 500.
(3)A person must not use a forged or fraudulently altered photo card, or a photo card to which the person is not entitled.
Penalty for this subsection: a fine of $2 500.
(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.
Penalty for this subsection: a fine of $2 500.
(5)A person must not lend a photo card to, or allow a photo card to be used by, another person.
Penalty for this subsection: a fine of $2 500.
[Section 11 amended: No. 8 of 2022 s. 17.]
Part 3 — Information management
(1)In this Part —
identifying information means —
(a)a photograph of a person provided to or used by the CEO under this Act; or
(b)a signature of a person provided to or used by the CEO under this Act; or
(c)information associated with such a photograph or signature to facilitate identification of the person;
intergovernmental agreement means the Intergovernmental Agreement on Identity Matching Services between the Commonwealth, the States, the Australian Capital Territory and the Northern Territory made on 5 October 2017, as in force from time to time.
(2)A reference in this Part to a photograph or signature provided to or used by the CEO under this Act is a reference to a photograph or signature provided to or used by the CEO under this Act whether before or after the day specified in the Transport Legislation Amendment (Identity Matching Services) Act 2022 section 2(b).
[Section 12 inserted: No. 8 of 2022 s. 18.]
12A.Disclosure by means of automated system
(1)If the CEO is authorised to disclose a photograph, signature or information under this Part, the disclosure may, subject to the regulations, be made by means of an automated system.
(2)The automated system must comply with any requirements set out in the regulations.
(3)The automated system may, subject to the regulations, allow relevant persons to retrieve data in the system and to be sent alerts about data that has been modified or added to the system.
[Section 12A inserted: No. 8 of 2022 s. 18.]
(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 identifying information or photo card information to prescribed person
(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)in relation to photo card information — a purpose prescribed for the purposes of this paragraph; or
(d)in relation to identifying information —
(i)the purpose of developing and testing computer systems that connect to the National Driver Licence Facial Recognition Solution (as defined in clause 3.1 of the intergovernmental agreement); or
(ii)a purpose, prescribed by the regulations for the purposes of this paragraph, that is related to a purpose set out in clause 1.2 of the intergovernmental agreement;
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 identifying information or 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 identifying information or 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 for this subsection: imprisonment for 2 years or a fine of $24 000.
[Section 14 amended: No. 8 of 2022 s. 19.]
14A.Disclosure of identifying information or photo card information with consent
The CEO may disclose identifying information or photo card information to another person with the consent of the person to whom the information relates.
[Section 14A inserted: No. 8 of 2022 s. 20.]
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 provided to or used by the CEO under this Act 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 provided to or used by the CEO under this Act 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 provided to or used by the CEO under this Act 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.
[Section 15 amended: No. 8 of 2022 s. 21.]
16.Disclosure of photographs to executor or administrator
If the person shown in a photograph provided to or used by the CEO under this Act has died, the CEO may disclose the photograph to an executor or administrator of the person’s estate.
[Section 16 amended: No. 8 of 2022 s. 22.]
17.Possession and reproduction of photographs and signatures
(1)A person must not, other than for the purposes of this Act or a related Act, possess a photograph or signature provided to or used by the CEO under this Act that is not on a photo card.
Penalty for this subsection: imprisonment for 2 years or a fine of $24 000.
(2)Subsection (1) does not apply to a person who possesses a photograph or signature as a result of its disclosure under this Part.
[(3)deleted]
(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 or a related Act —
(a)reproduce, by any means, a photograph or signature provided to or used by the CEO under this Act; or
(b)cause or permit another person to do so.
Penalty for this subsection: imprisonment for 2 years or a fine of $24 000.
[Section 17 amended: No. 8 of 2022 s. 23.]
17A.No subpoena or order for disclosure of identifying information
Identifying information is not to be compelled to be produced or disclosed in civil proceedings by subpoena or otherwise, except in proceedings under the following Acts —
(a)the Criminal Organisations Control Act 2012;
(b)the Criminal Property Confiscation Act 2000;
(c)the High Risk Serious Offenders Act 2020.
[Section 17A inserted: No. 8 of 2022 s. 24.]
17B.Annual report in relation to identifying information
(1)In this section —
Entity has the meaning given in clause 3.1 of the intergovernmental agreement;
Face Matching Services has the meaning given in clause 3.1 of the intergovernmental agreement.
(2)Within 3 months after the end of the financial year, the CEO must give to the Minister a report containing the following information for that financial year —
(a)the name of each Entity with which the Department had an arrangement that allowed for identifying information to be shared with the Entity through the Face Matching Services;
(b)details of any loss of, or unauthorised access to or disclosure of, identifying information that is likely to result in serious harm to a person to whom the information relates;
(c)any other information that the Minister requests the CEO to include in relation to identifying information.
(3)The report may form part of the annual report submitted to the Minister under the Financial Management Act 2006 section 63(2)(a).
(4)If the report does not form part of that annual report, the Minister must cause a copy of the report to be laid before each House of Parliament within 14 sitting days of the House after the Minister receives it.
[Section 17B inserted: No. 8 of 2022 s. 24.]
17C.Tabling amendments to intergovernmental agreement
If the intergovernmental agreement (other than a Schedule that does not relate to this State) is amended, the Minister must cause a copy of the amendment to be laid before each House of Parliament within 14 sitting days of the House after the amendment is made.
[Section 17C inserted: No. 8 of 2022 s. 24.]
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 photographs and signatures provided to the CEO under this Act and photo card information to the person or body with whom the agreement is made if the CEO considers that the disclosure 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.
[Section 20 amended: No. 8 of 2022 s. 25.]
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 for this subsection: imprisonment for one year or a fine of $12 000.
(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.
[Section 21 amended: No. 8 of 2022 s. 26.]
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.
(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.
(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.
This is a compilation of the Western Australian Photo Card Act 2014 and includes amendments made by other written laws. For provisions that have come into operation see the 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)); |
|
Transport Legislation Amendment (Identity Matching Services) Act 2022 Pt. 4 |
8 of 2022 |
14 Apr 2022 |
15 Apr 2022 (see s. 2(b)) |
[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
Entity17B(1)
expiry day3
Face Matching Services17B(1)
identifying information12(1)
intergovernmental agreement12(1)
law enforcement official15(1)
photo card3
photo card information3
photograph3
police official15(1)
prescribed3
prescribed person14(1)
related Act3
signature3