{"id":"qld:act-2008-072","name":"Photo Identification Card Act 2008","slug":"photo-identification-card-act-2008","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"72 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30097,"registerId":"qld-act-2008-072-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Photo Identification Card Act 2008 .\ns 1 amd 2017 No. 25 s 5","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Object of Act","content":"### sec.3 Object of Act\n\nThe object of this Act is to allow the chief executive to issue a card—\non which information may be stored electronically; and\nthat may be used by a person as identification of the person’s age.\nTo ensure the integrity of photo identification cards, this Act provides for the chief executive to establish a person’s identity before issuing the person with a photo identification card.\ns 3 amd 2017 No. 25 s 6\n(sec.3-ssec.1) The object of this Act is to allow the chief executive to issue a card— on which information may be stored electronically; and that may be used by a person as identification of the person’s age.\n(sec.3-ssec.2) To ensure the integrity of photo identification cards, this Act provides for the chief executive to establish a person’s identity before issuing the person with a photo identification card. s 3 amd 2017 No. 25 s 6\n- (a) on which information may be stored electronically; and\n- (b) that may be used by a person as identification of the person’s age.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nThe dictionary in the schedule defines particular words used in this Act.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Photo identification card","content":"# Photo identification card","sortOrder":5},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"What is a photo identification card","content":"### sec.5 What is a photo identification card\n\nA photo identification card is a proof of age card issued under this Act—\nthat states a person is at least 15 years; and\non which information may be stored electronically.\ns 5 sub 2010 No. 13 s 44 ; 2017 No. 25 s 8\n- (a) that states a person is at least 15 years; and\n- (b) on which information may be stored electronically.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Card is property of the State","content":"### sec.6 Card is property of the State\n\nA photo identification card is and remains the property of the State.\nSubsection (1) applies even though a person other than the State—\nhas the right to use information that is on the card or stored electronically on it; or\nhas the right to have information stored on the card.\nThe State is not legally liable for an act or omission relating to the keeping or use of the photo identification card.\ns 6 amd 2010 No. 13 s 45 ; 2017 No. 25 s 9\n(sec.6-ssec.1) A photo identification card is and remains the property of the State.\n(sec.6-ssec.2) Subsection (1) applies even though a person other than the State— has the right to use information that is on the card or stored electronically on it; or has the right to have information stored on the card.\n(sec.6-ssec.3) The State is not legally liable for an act or omission relating to the keeping or use of the photo identification card.\n- (a) has the right to use information that is on the card or stored electronically on it; or\n- (b) has the right to have information stored on the card.","sortOrder":8},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Applying for card","content":"## Applying for card","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Eligibility for card","content":"### sec.7 Eligibility for card\n\nA person (an eligible person ) is eligible to apply for a photo identification card if the person—\nordinarily resides in Queensland; and\nis at least 15 years.\ns 7 amd 2010 No. 51 s 4\nsub 2017 No. 25 s 10\n- (a) ordinarily resides in Queensland; and\n- (b) is at least 15 years.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Application for card","content":"### sec.8 Application for card\n\nAn eligible person may apply to the chief executive for a photo identification card.\nSee part 5 for requirements about the application.\nThe application must be accompanied by—\ndocumentary proof of the applicant’s identity and eligibility as mentioned in section 7 ; and\nthe prescribed fee.\ns 8 amd 2010 No. 51 s 5\nsub 2017 No. 25 s 10\n(sec.8-ssec.1) An eligible person may apply to the chief executive for a photo identification card. See part 5 for requirements about the application.\n(sec.8-ssec.2) The application must be accompanied by— documentary proof of the applicant’s identity and eligibility as mentioned in section 7 ; and the prescribed fee.\n- (a) documentary proof of the applicant’s identity and eligibility as mentioned in section 7 ; and\n- (b) the prescribed fee.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":null,"content":"### Section sec.9\n\ns 9 amd 2010 No. 13 s 46 ; 2015 No. 14 s 4\nom 2017 No. 25 s 11","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":null,"content":"### Section sec.10\n\ns 10 amd 2010 No. 19 s 183\nom 2017 No. 25 s 11","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Decision on application","content":"### sec.11 Decision on application\n\nSubject to section 34 (4) and (5) , the chief executive must consider an application made under section 8 and either grant it or refuse to grant it.\nHowever, the chief executive may only grant an application made under section 8 if—\nsatisfied—\nof the applicant’s identity; and\nthat the applicant is an eligible person; and\nthe prescribed fee has been paid.\nIf the chief executive decides to refuse to grant the application, the chief executive must give the applicant an information notice for the decision.\ns 11 amd 2010 No. 13 s 47 ; 2015 No. 14 s 5 ; 2017 No. 25 s 12\n(sec.11-ssec.1) Subject to section 34 (4) and (5) , the chief executive must consider an application made under section 8 and either grant it or refuse to grant it.\n(sec.11-ssec.2) However, the chief executive may only grant an application made under section 8 if— satisfied— of the applicant’s identity; and that the applicant is an eligible person; and the prescribed fee has been paid.\n(sec.11-ssec.3) If the chief executive decides to refuse to grant the application, the chief executive must give the applicant an information notice for the decision.\n- (a) satisfied— (i) of the applicant’s identity; and (ii) that the applicant is an eligible person; and\n- (i) of the applicant’s identity; and\n- (ii) that the applicant is an eligible person; and\n- (b) the prescribed fee has been paid.\n- (i) of the applicant’s identity; and\n- (ii) that the applicant is an eligible person; and","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Issue of card","content":"### sec.12 Issue of card\n\nIf the chief executive decides to grant the application, the chief executive must issue a photo identification card to the applicant.\ns 12 amd 2010 No. 51 s 6 ; 2017 No. 25 s13","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Expiry of card","content":"### sec.13 Expiry of card\n\nUnless it is sooner cancelled under division 3 , a photo identification card expires on the day stated on the card, being a day that is not longer than 10 years after the day the card is issued.\ns 13 amd 2010 No. 13 s 48 ; 2017 No. 25 s 14","sortOrder":16},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Cancelling and surrendering card","content":"## Cancelling and surrendering card","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Grounds for cancelling card","content":"### sec.14 Grounds for cancelling card\n\nThe chief executive may cancel a photo identification card if the card was issued because of a document or representation that was false or misleading.\ns 14 amd 2017 No. 25 s 15","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Procedure for cancelling card","content":"### sec.15 Procedure for cancelling card\n\nIf the chief executive considers a ground exists under section 14 to cancel a person’s photo identification card, the chief executive must give the person a written notice stating—\nthe chief executive is proposing to cancel the card; and\nthe ground for the proposed cancellation; and\nan outline of the facts and circumstances forming the basis for the ground; and\nan invitation to the person to show cause in writing, within a stated period of at least 28 days after the notice is given to the holder, why the chief executive should not cancel the card.\nIf, after considering any written representations made within the stated period, the chief executive still considers the ground exists to cancel the card, the chief executive may cancel the card by giving the person an information notice for the decision to cancel the card.\nThe cancellation takes effect when the person receives the information notice under subsection (2) .\nIf the chief executive decides to cancel the card, the chief executive must give the person a written direction to return the card to the chief executive by the day, at least 14 days after the direction is given to the person, stated in the direction.\nA person who is directed under subsection (4) to return a photo identification card must comply with the direction, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nA person does not contravene a direction under subsection (4) if—\nthe card has been destroyed, lost or stolen; and\nthe person notifies the chief executive in writing of the details of the loss, theft or destruction within the period stated in the direction.\ns 15 amd 2017 No. 25 s 16\n(sec.15-ssec.1) If the chief executive considers a ground exists under section 14 to cancel a person’s photo identification card, the chief executive must give the person a written notice stating— the chief executive is proposing to cancel the card; and the ground for the proposed cancellation; and an outline of the facts and circumstances forming the basis for the ground; and an invitation to the person to show cause in writing, within a stated period of at least 28 days after the notice is given to the holder, why the chief executive should not cancel the card.\n(sec.15-ssec.2) If, after considering any written representations made within the stated period, the chief executive still considers the ground exists to cancel the card, the chief executive may cancel the card by giving the person an information notice for the decision to cancel the card.\n(sec.15-ssec.3) The cancellation takes effect when the person receives the information notice under subsection (2) .\n(sec.15-ssec.4) If the chief executive decides to cancel the card, the chief executive must give the person a written direction to return the card to the chief executive by the day, at least 14 days after the direction is given to the person, stated in the direction.\n(sec.15-ssec.5) A person who is directed under subsection (4) to return a photo identification card must comply with the direction, unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.15-ssec.6) A person does not contravene a direction under subsection (4) if— the card has been destroyed, lost or stolen; and the person notifies the chief executive in writing of the details of the loss, theft or destruction within the period stated in the direction.\n- (a) the chief executive is proposing to cancel the card; and\n- (b) the ground for the proposed cancellation; and\n- (c) an outline of the facts and circumstances forming the basis for the ground; and\n- (d) an invitation to the person to show cause in writing, within a stated period of at least 28 days after the notice is given to the holder, why the chief executive should not cancel the card.\n- (a) the card has been destroyed, lost or stolen; and\n- (b) the person notifies the chief executive in writing of the details of the loss, theft or destruction within the period stated in the direction.","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Surrendering card","content":"### sec.16 Surrendering card\n\nThe holder of a photo identification card may surrender the card by returning it, and giving notice of its surrender, to the chief executive.\nSee part 5 for requirements about the notice.\ns 16 amd 2017 No. 25 s 17","sortOrder":20},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Replacing card","content":"## Replacing card","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Chief executive may require card to be replaced","content":"### sec.17 Chief executive may require card to be replaced\n\nThis section applies if—\ninformation stated on a photo identification card is incorrect; and\nthe chief executive reasonably believes the error was caused by the chief executive.\nThe chief executive may, by written notice, require the holder of the card to return the card to the chief executive.\nThe notice must include a statement identifying the information that is incorrect and the correct information.\nThe holder must comply with the notice, unless the holder has a reasonable excuse.\nMaximum penalty—20 penalty units.\nOn receipt of the card, the chief executive must issue to the holder a replacement photo identification card stating the correct information.\ns 17 amd 2017 No. 25 s 18\n(sec.17-ssec.1) This section applies if— information stated on a photo identification card is incorrect; and the chief executive reasonably believes the error was caused by the chief executive.\n(sec.17-ssec.2) The chief executive may, by written notice, require the holder of the card to return the card to the chief executive.\n(sec.17-ssec.3) The notice must include a statement identifying the information that is incorrect and the correct information.\n(sec.17-ssec.4) The holder must comply with the notice, unless the holder has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.17-ssec.5) On receipt of the card, the chief executive must issue to the holder a replacement photo identification card stating the correct information.\n- (a) information stated on a photo identification card is incorrect; and\n- (b) the chief executive reasonably believes the error was caused by the chief executive.","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Holder may apply for replacement card","content":"### sec.18 Holder may apply for replacement card\n\nThis section applies if—\ninformation stated on a valid photo identification card is incorrect; or\nthe holder of a valid photo identification card becomes aware, or reasonably suspects, the card has been damaged, lost or stolen.\nThe holder of the photo identification card (the original card ) may apply to the chief executive for a replacement photo identification card.\nSee part 5 for requirements about the application.\nThe application must be accompanied by—\nthe original card, unless it was, or the holder reasonably suspects it was, destroyed, lost or stolen; and\nthe prescribed fee.\nSubject to section 34 (4) and (5) , the chief executive must issue a replacement photo identification card to the applicant if satisfied—\ninformation stated on the original card is incorrect; or\nthe original card has been damaged, lost or stolen.\nIf the application was made because information stated on the original card was incorrect, the replacement photo identification card must state the correct information.\ns 18 sub 2017 No. 25 s 19\n(sec.18-ssec.1) This section applies if— information stated on a valid photo identification card is incorrect; or the holder of a valid photo identification card becomes aware, or reasonably suspects, the card has been damaged, lost or stolen.\n(sec.18-ssec.2) The holder of the photo identification card (the original card ) may apply to the chief executive for a replacement photo identification card. See part 5 for requirements about the application.\n(sec.18-ssec.3) The application must be accompanied by— the original card, unless it was, or the holder reasonably suspects it was, destroyed, lost or stolen; and the prescribed fee.\n(sec.18-ssec.4) Subject to section 34 (4) and (5) , the chief executive must issue a replacement photo identification card to the applicant if satisfied— information stated on the original card is incorrect; or the original card has been damaged, lost or stolen.\n(sec.18-ssec.5) If the application was made because information stated on the original card was incorrect, the replacement photo identification card must state the correct information.\n- (a) information stated on a valid photo identification card is incorrect; or\n- (b) the holder of a valid photo identification card becomes aware, or reasonably suspects, the card has been damaged, lost or stolen.\n- (a) the original card, unless it was, or the holder reasonably suspects it was, destroyed, lost or stolen; and\n- (b) the prescribed fee.\n- (a) information stated on the original card is incorrect; or\n- (b) the original card has been damaged, lost or stolen.","sortOrder":23},{"sectionNumber":"pt.3","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":24},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Damaged, lost or stolen card","content":"### sec.19 Damaged, lost or stolen card\n\nThis section applies if the holder of a valid photo identification card (the original card ) becomes aware, or reasonably suspects, the card has been damaged, lost or stolen.\nAs soon as practicable after becoming aware or forming the suspicion as mentioned in subsection (1) , the holder must give the chief executive notice of the damage, loss or theft.\nMaximum penalty—20 penalty units.\nSee part 5 for requirements about the notice.\nIf the original card comes into, or returns to, the holder’s possession after a replacement card is issued to the holder, the holder must return the original card to the chief executive.\nMaximum penalty—20 penalty units.\ns 19 amd 2017 No. 25 s 20\n(sec.19-ssec.1) This section applies if the holder of a valid photo identification card (the original card ) becomes aware, or reasonably suspects, the card has been damaged, lost or stolen.\n(sec.19-ssec.2) As soon as practicable after becoming aware or forming the suspicion as mentioned in subsection (1) , the holder must give the chief executive notice of the damage, loss or theft. Maximum penalty—20 penalty units. See part 5 for requirements about the notice.\n(sec.19-ssec.3) If the original card comes into, or returns to, the holder’s possession after a replacement card is issued to the holder, the holder must return the original card to the chief executive. Maximum penalty—20 penalty units.","sortOrder":26},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Offences relating to obtaining or using card","content":"## Offences relating to obtaining or using card","sortOrder":27},{"sectionNumber":"sec.20","sectionType":"section","heading":"Application of div 2","content":"### sec.20 Application of div 2\n\nThis division does not apply to any of the following persons carrying out a function, or exercising a power, under this or another Act—\nthe chief executive;\nthe commissioner of the police service;\na police officer.\n- (a) the chief executive;\n- (b) the commissioner of the police service;\n- (c) a police officer.","sortOrder":28},{"sectionNumber":"sec.21","sectionType":"section","heading":"Damaging card","content":"### sec.21 Damaging card\n\nA person must not wilfully damage a photo identification card.\nMaximum penalty—40 penalty units.\ns 21 amd 2017 No. 25 s 21","sortOrder":29},{"sectionNumber":"sec.22","sectionType":"section","heading":"False or misleading representation","content":"### sec.22 False or misleading representation\n\nA person must not, for this Act, give the chief executive a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—40 penalty units.\nSubsection (1) does not apply to information contained in a document if the person, when giving the document—\ninforms the chief executive, to the best of the person’s ability, how the information is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.22-ssec.1) A person must not, for this Act, give the chief executive a document containing information the person knows is false or misleading in a material particular. Maximum penalty—40 penalty units.\n(sec.22-ssec.2) Subsection (1) does not apply to information contained in a document if the person, when giving the document— informs the chief executive, to the best of the person’s ability, how the information is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n- (a) informs the chief executive, to the best of the person’s ability, how the information is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":30},{"sectionNumber":"sec.23","sectionType":"section","heading":"Wrongful dealing with documents relevant to obtaining card","content":"### sec.23 Wrongful dealing with documents relevant to obtaining card\n\nA person must not give another person a document that is, or contains, evidence of the age of the person mentioned in the document (the stated person ), if the person knows, or ought reasonably to know, that the document may be used to obtain a photo identification card for someone other than the stated person.\nMaximum penalty—40 penalty units.\nA person must not give another person a document containing information the person knows is false or misleading in a material particular if the person knows, or ought reasonably to know, the other person intends to use the document to obtain a photo identification card.\nMaximum penalty—40 penalty units.\ns 23 amd 2017 No. 25 s 22\n(sec.23-ssec.1) A person must not give another person a document that is, or contains, evidence of the age of the person mentioned in the document (the stated person ), if the person knows, or ought reasonably to know, that the document may be used to obtain a photo identification card for someone other than the stated person. Maximum penalty—40 penalty units.\n(sec.23-ssec.2) A person must not give another person a document containing information the person knows is false or misleading in a material particular if the person knows, or ought reasonably to know, the other person intends to use the document to obtain a photo identification card. Maximum penalty—40 penalty units.","sortOrder":31},{"sectionNumber":"sec.23A","sectionType":"section","heading":"Proof of giving documents","content":"### sec.23A Proof of giving documents\n\nThis section applies to a proceeding for an offence against section 22 (1) or 23 (1) or (2) .\nIt is sufficient proof the document was given to the chief executive or another person to prove it was given to a person authorised to receive it for the chief executive or other person.\nIt does not matter whether the person was the chief executive or another person or whether the authorisation was a delegation, agency or any other form of authorisation by which someone acts through another.\ns 23A ins 2010 No. 13 s 49\n(sec.23A-ssec.1) This section applies to a proceeding for an offence against section 22 (1) or 23 (1) or (2) .\n(sec.23A-ssec.2) It is sufficient proof the document was given to the chief executive or another person to prove it was given to a person authorised to receive it for the chief executive or other person.\n(sec.23A-ssec.3) It does not matter whether the person was the chief executive or another person or whether the authorisation was a delegation, agency or any other form of authorisation by which someone acts through another.","sortOrder":32},{"sectionNumber":"sec.24","sectionType":"section","heading":"Possessing another person’s card","content":"### sec.24 Possessing another person’s card\n\nA person must not possess another person’s photo identification card unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nA person must not give the person’s photo identification card to another person if the person knows, or ought reasonably to know, the other person intends to use the card to deceive someone.\nMaximum penalty—40 penalty units.\nFor subsection (2) , it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.\ns 24 amd 2017 No. 25 s 23\n(sec.24-ssec.1) A person must not possess another person’s photo identification card unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.24-ssec.2) A person must not give the person’s photo identification card to another person if the person knows, or ought reasonably to know, the other person intends to use the card to deceive someone. Maximum penalty—40 penalty units.\n(sec.24-ssec.3) For subsection (2) , it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.","sortOrder":33},{"sectionNumber":"sec.25","sectionType":"section","heading":"Documents purporting to be photo identification card","content":"### sec.25 Documents purporting to be photo identification card\n\nA person must not possess a document that resembles a photo identification card and is calculated to deceive someone.\nMaximum penalty—40 penalty units.\nA person must not give another person a document that resembles a photo identification card and is calculated to deceive someone.\nMaximum penalty—40 penalty units.\nFor subsections (1) and (2) , it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.\ns 25 amd 2017 No. 25 s 24\n(sec.25-ssec.1) A person must not possess a document that resembles a photo identification card and is calculated to deceive someone. Maximum penalty—40 penalty units.\n(sec.25-ssec.2) A person must not give another person a document that resembles a photo identification card and is calculated to deceive someone. Maximum penalty—40 penalty units.\n(sec.25-ssec.3) For subsections (1) and (2) , it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.","sortOrder":34},{"sectionNumber":"pt.4","sectionType":"part","heading":"Photo identification register","content":"# Photo identification register","sortOrder":35},{"sectionNumber":"sec.26","sectionType":"section","heading":"Chief executive must maintain a register","content":"### sec.26 Chief executive must maintain a register\n\nThe chief executive must maintain a register ( photo identification register ) containing the following details for each holder of a photo identification card—\nthe holder’s customer number;\nthe holder’s full name;\nthe holder’s residential address;\nif the holder’s address for service of notices differs from the holder’s residential address—the holder’s address for service of notices;\nthe holder’s date of birth;\nthe holder’s sex;\nall of the following dates—\nthe date the card was issued to the holder;\nthe date the card expires;\nif the card is replaced under part 2 , division 4 —the date the replacement card was issued to the holder.\nThe chief executive may also record in the register any other information the chief executive reasonably considers appropriate for this Act.\nIn this section—\ncustomer number , for a person, means the number the chief executive gives to the person under this Act to identify the person as the holder of a photo identification card.\ns 26 amd 2015 No. 14 s 6 ; 2017 No. 25 s 26\n(sec.26-ssec.1) The chief executive must maintain a register ( photo identification register ) containing the following details for each holder of a photo identification card— the holder’s customer number; the holder’s full name; the holder’s residential address; if the holder’s address for service of notices differs from the holder’s residential address—the holder’s address for service of notices; the holder’s date of birth; the holder’s sex; all of the following dates— the date the card was issued to the holder; the date the card expires; if the card is replaced under part 2 , division 4 —the date the replacement card was issued to the holder.\n(sec.26-ssec.2) The chief executive may also record in the register any other information the chief executive reasonably considers appropriate for this Act.\n(sec.26-ssec.3) In this section— customer number , for a person, means the number the chief executive gives to the person under this Act to identify the person as the holder of a photo identification card.\n- (a) the holder’s customer number;\n- (b) the holder’s full name;\n- (c) the holder’s residential address;\n- (d) if the holder’s address for service of notices differs from the holder’s residential address—the holder’s address for service of notices;\n- (e) the holder’s date of birth;\n- (f) the holder’s sex;\n- (g) all of the following dates— (i) the date the card was issued to the holder; (ii) the date the card expires; (iii) if the card is replaced under part 2 , division 4 —the date the replacement card was issued to the holder.\n- (i) the date the card was issued to the holder;\n- (ii) the date the card expires;\n- (iii) if the card is replaced under part 2 , division 4 —the date the replacement card was issued to the holder.\n- (i) the date the card was issued to the holder;\n- (ii) the date the card expires;\n- (iii) if the card is replaced under part 2 , division 4 —the date the replacement card was issued to the holder.","sortOrder":36},{"sectionNumber":"sec.27","sectionType":"section","heading":"Form of photo identification register","content":"### sec.27 Form of photo identification register\n\nThe photo identification register may be entirely or partly in any of the following forms—\na computer database;\na documentary form;\nanother form the chief executive considers appropriate.\nThe photo identification register may be a part of another register maintained by the chief executive under the Transport Operations (Road Use Management) Act 1995 .\ns 27 amd 2017 No. 25 s 27\n(sec.27-ssec.1) The photo identification register may be entirely or partly in any of the following forms— a computer database; a documentary form; another form the chief executive considers appropriate.\n(sec.27-ssec.2) The photo identification register may be a part of another register maintained by the chief executive under the Transport Operations (Road Use Management) Act 1995 .\n- (a) a computer database;\n- (b) a documentary form;\n- (c) another form the chief executive considers appropriate.","sortOrder":37},{"sectionNumber":"sec.28","sectionType":"section","heading":"Amending photo identification register","content":"### sec.28 Amending photo identification register\n\nThe chief executive may, on the chief executive’s own initiative or on application by the holder of a photo identification card, amend the photo identification register to—\ncorrect an error in it; or\ninclude information missing from it; or\nupdate the information in it.\ns 28 sub 2017 No. 25 s 28\n- (a) correct an error in it; or\n- (b) include information missing from it; or\n- (c) update the information in it.","sortOrder":38},{"sectionNumber":"sec.29","sectionType":"section","heading":"Inquiry into accuracy etc. of details in photo identification register","content":"### sec.29 Inquiry into accuracy etc. of details in photo identification register\n\nThis section applies if the chief executive reasonably believes information recorded in the photo identification register about the holder of a photo identification card is inaccurate, incomplete or misleading.\nThe chief executive may give the holder a written notice requiring the holder to give to the chief executive, by the date stated in the notice, further information or documents relating to the information considered to be inaccurate, incomplete or misleading.\nThe date stated in the notice must be at least 28 days after the notice is given to the holder.\nThe holder must comply with the notice, unless the holder has a reasonable excuse.\nMaximum penalty for subsection (4) —20 penalty units.\ns 29 amd 2017 No. 25 s 29\n(sec.29-ssec.1) This section applies if the chief executive reasonably believes information recorded in the photo identification register about the holder of a photo identification card is inaccurate, incomplete or misleading.\n(sec.29-ssec.2) The chief executive may give the holder a written notice requiring the holder to give to the chief executive, by the date stated in the notice, further information or documents relating to the information considered to be inaccurate, incomplete or misleading.\n(sec.29-ssec.3) The date stated in the notice must be at least 28 days after the notice is given to the holder.\n(sec.29-ssec.4) The holder must comply with the notice, unless the holder has a reasonable excuse. Maximum penalty for subsection (4) —20 penalty units.","sortOrder":39},{"sectionNumber":"sec.30","sectionType":"section","heading":"Restricted written release of information in photo identification register","content":"### sec.30 Restricted written release of information in photo identification register\n\nThe chief executive may release, in writing, information kept in the photo identification register about a person’s photo identification card to—\non receiving an application—\nthe person; or\nwith the person’s written consent—another entity; or\nSee part 5 for requirements about the application.\nthe commissioner of the police service for the purpose of any function of the commissioner or any function of the police service; or\na person who issues proof of age cards under a law of the Commonwealth or another State, and the release of the information is for issuing a proof of age card under that law.\nAlso, the chief executive may release, in writing, to an entity information kept in the photo identification register about a person’s photo identification card if—\nthe person produces the card to the entity as proof of the person’s identity; and\nthe entity applies for the information; and\nSee part 5 for requirements about the application.\nthe information is necessary to verify the validity of the card.\nBefore releasing information to a person under subsection (1) (c) , the chief executive must be satisfied any release of the information by the person will be limited to circumstances similar to those mentioned in subsection (1) .\ns 30 amd 2010 No. 13 s 50 ; 2011 No. 12 s 4 ; 2015 No. 14 s 7 ; 2017 No. 25 s 30\n(sec.30-ssec.1) The chief executive may release, in writing, information kept in the photo identification register about a person’s photo identification card to— on receiving an application— the person; or with the person’s written consent—another entity; or See part 5 for requirements about the application. the commissioner of the police service for the purpose of any function of the commissioner or any function of the police service; or a person who issues proof of age cards under a law of the Commonwealth or another State, and the release of the information is for issuing a proof of age card under that law.\n(sec.30-ssec.2) Also, the chief executive may release, in writing, to an entity information kept in the photo identification register about a person’s photo identification card if— the person produces the card to the entity as proof of the person’s identity; and the entity applies for the information; and See part 5 for requirements about the application. the information is necessary to verify the validity of the card.\n(sec.30-ssec.3) Before releasing information to a person under subsection (1) (c) , the chief executive must be satisfied any release of the information by the person will be limited to circumstances similar to those mentioned in subsection (1) .\n- (a) on receiving an application— (i) the person; or (ii) with the person’s written consent—another entity; or Note— See part 5 for requirements about the application.\n- (i) the person; or\n- (ii) with the person’s written consent—another entity; or\n- (b) the commissioner of the police service for the purpose of any function of the commissioner or any function of the police service; or\n- (c) a person who issues proof of age cards under a law of the Commonwealth or another State, and the release of the information is for issuing a proof of age card under that law.\n- (i) the person; or\n- (ii) with the person’s written consent—another entity; or\n- (a) the person produces the card to the entity as proof of the person’s identity; and\n- (b) the entity applies for the information; and Note— See part 5 for requirements about the application.\n- (c) the information is necessary to verify the validity of the card.","sortOrder":40},{"sectionNumber":"sec.30A","sectionType":"section","heading":"Restricted oral release of information in photo identification register","content":"### sec.30A Restricted oral release of information in photo identification register\n\nThe chief executive may orally release, to a person, information kept in the photo identification register about the person’s photo identification card.\nHowever, subsection (1) applies only if the chief executive is satisfied that the person is the person to whom the information relates.\nThe chief executive may be satisfied as required under subsection (2) if a person correctly answers a series of questions, or produces a document, for identifying the person.\ns 30A ins 2011 No. 12 s 5\namd 2017 No. 25 s 31\n(sec.30A-ssec.1) The chief executive may orally release, to a person, information kept in the photo identification register about the person’s photo identification card.\n(sec.30A-ssec.2) However, subsection (1) applies only if the chief executive is satisfied that the person is the person to whom the information relates. The chief executive may be satisfied as required under subsection (2) if a person correctly answers a series of questions, or produces a document, for identifying the person.","sortOrder":41},{"sectionNumber":"pt.5","sectionType":"part","heading":"Requirements for particular applications and notices","content":"# Requirements for particular applications and notices","sortOrder":42},{"sectionNumber":"sec.31","sectionType":"section","heading":"Definitions for part","content":"### sec.31 Definitions for part\n\nIn this part—\napplication means an application made under section 8 , 18 or 30 (1) (a) or (2) (b) .\ninformation includes a document.\nnotification means a notice required under section 16 or 19 (2) .\ns 31 prev s 31 sub 2010 No. 13 s 51\nom 2015 No. 14 s 8\npres s 31 ins 2017 No. 25 s 32","sortOrder":43},{"sectionNumber":"sec.31A","sectionType":"section","heading":null,"content":"### Section sec.31A\n\ns 31A ins 2010 No. 13 s 51\nom 2015 No. 14 s 8","sortOrder":44},{"sectionNumber":"sec.32","sectionType":"section","heading":"Chief executive may publish a notice about applications or notifications","content":"### sec.32 Chief executive may publish a notice about applications or notifications\n\nThe chief executive may, by publishing a notice on the department’s website—\napprove a way in which an application or notification may be made; or\norally, by electronic communication or by another form of communication\nrequire stated information to be given in or with an application or notification.\nA notice under subsection (1) (a) may include requirements for making an application or giving a notification in the approved way.\nA notice under subsection (1) (b) may only require information that is reasonably necessary for—\nthe chief executive to decide the application or consider the notification; or\nanother purpose related to the application, the thing being applied for or the notification.\nirrelevant personal information\nrelevant personal information if the provision of the information would be excessively intrusive to personal privacy\nThis section applies whether or not there is an approved form for making the application or giving the notification.\nIn this section—\ndepartment’s website means a website, or part of a website—\nadministered by the department; and\nwith a URL that contains qld.gov.au.\ns 32 prev s 32 amd 2010 No. 13 s 52\nom 2015 No. 14 s 8\npres s 32 ins 2017 No. 25 s 32\namd 2020 No. 21 s 24\n(sec.32-ssec.1) The chief executive may, by publishing a notice on the department’s website— approve a way in which an application or notification may be made; or orally, by electronic communication or by another form of communication require stated information to be given in or with an application or notification.\n(sec.32-ssec.2) A notice under subsection (1) (a) may include requirements for making an application or giving a notification in the approved way.\n(sec.32-ssec.3) A notice under subsection (1) (b) may only require information that is reasonably necessary for— the chief executive to decide the application or consider the notification; or another purpose related to the application, the thing being applied for or the notification. irrelevant personal information relevant personal information if the provision of the information would be excessively intrusive to personal privacy\n(sec.32-ssec.4) This section applies whether or not there is an approved form for making the application or giving the notification.\n(sec.32-ssec.5) In this section— department’s website means a website, or part of a website— administered by the department; and with a URL that contains qld.gov.au.\n- (a) approve a way in which an application or notification may be made; or Examples of a way— orally, by electronic communication or by another form of communication\n- (b) require stated information to be given in or with an application or notification.\n- (a) the chief executive to decide the application or consider the notification; or\n- (b) another purpose related to the application, the thing being applied for or the notification. Examples of information that is not reasonably necessary— • irrelevant personal information • relevant personal information if the provision of the information would be excessively intrusive to personal privacy\n- • irrelevant personal information\n- • relevant personal information if the provision of the information would be excessively intrusive to personal privacy\n- • irrelevant personal information\n- • relevant personal information if the provision of the information would be excessively intrusive to personal privacy\n- (a) administered by the department; and\n- (b) with a URL that contains qld.gov.au.","sortOrder":45},{"sectionNumber":"sec.33","sectionType":"section","heading":"How applications or notifications must be made or given","content":"### sec.33 How applications or notifications must be made or given\n\nAn application or notification must be made or given—\nif there is an approved form for the application or notification—in that form; or\nif there is an approved way under section 32 (1) (a) for making the application or giving the notification—in that way; or\notherwise—in writing.\nAn application or notification must include any information required under section 32 (1) (b) .\nSubsection (2) does not limit another provision of this Act that requires an application or notification to include, or be accompanied by, particular information.\ns 33 prev s 33 amd 2010 No. 13 s 53\nom 2015 No. 14 s 8\npres s 33 ins 2017 No. 25 s 32\n(sec.33-ssec.1) An application or notification must be made or given— if there is an approved form for the application or notification—in that form; or if there is an approved way under section 32 (1) (a) for making the application or giving the notification—in that way; or otherwise—in writing.\n(sec.33-ssec.2) An application or notification must include any information required under section 32 (1) (b) .\n(sec.33-ssec.3) Subsection (2) does not limit another provision of this Act that requires an application or notification to include, or be accompanied by, particular information.\n- (a) if there is an approved form for the application or notification—in that form; or\n- (b) if there is an approved way under section 32 (1) (a) for making the application or giving the notification—in that way; or\n- (c) otherwise—in writing.","sortOrder":46},{"sectionNumber":"sec.34","sectionType":"section","heading":"Chief executive may request further information for application","content":"### sec.34 Chief executive may request further information for application\n\nThe chief executive may give an applicant a written notice asking for further information that the chief executive reasonably needs to decide an application.\nThe notice—\nmust state—\nthe information required; and\nthe time, no earlier than 28 days after the notice is given, by which the information must be given; and\nthat, if the applicant does not comply with the notice, the chief executive may cancel the application; and\nmay state a way in which the information must be given.\nIf the notice does not state a way in which the information must be given, the information must be given in writing.\nIf the applicant does not comply with the notice, the chief executive may give the applicant a further notice cancelling the application.\nA notice cancelling the application has effect on the day it is given to the applicant or a later day stated in it.\ns 34 prev s 34 om 2015 No. 14 s 8\npres s 34 ins 2017 No. 25 s 32\n(sec.34-ssec.1) The chief executive may give an applicant a written notice asking for further information that the chief executive reasonably needs to decide an application.\n(sec.34-ssec.2) The notice— must state— the information required; and the time, no earlier than 28 days after the notice is given, by which the information must be given; and that, if the applicant does not comply with the notice, the chief executive may cancel the application; and may state a way in which the information must be given.\n(sec.34-ssec.3) If the notice does not state a way in which the information must be given, the information must be given in writing.\n(sec.34-ssec.4) If the applicant does not comply with the notice, the chief executive may give the applicant a further notice cancelling the application.\n(sec.34-ssec.5) A notice cancelling the application has effect on the day it is given to the applicant or a later day stated in it.\n- (a) must state— (i) the information required; and (ii) the time, no earlier than 28 days after the notice is given, by which the information must be given; and (iii) that, if the applicant does not comply with the notice, the chief executive may cancel the application; and\n- (i) the information required; and\n- (ii) the time, no earlier than 28 days after the notice is given, by which the information must be given; and\n- (iii) that, if the applicant does not comply with the notice, the chief executive may cancel the application; and\n- (b) may state a way in which the information must be given.\n- (i) the information required; and\n- (ii) the time, no earlier than 28 days after the notice is given, by which the information must be given; and\n- (iii) that, if the applicant does not comply with the notice, the chief executive may cancel the application; and","sortOrder":47},{"sectionNumber":"sec.35","sectionType":"section","heading":null,"content":"### Section sec.35\n\ns 35 om 2010 No. 19 s 184","sortOrder":48},{"sectionNumber":"sec.36","sectionType":"section","heading":null,"content":"### Section sec.36\n\ns 36 amd 2010 No. 19 ss 185 , 186 ; 2014 No. 43 s 4\nom 2015 No. 14 s 8","sortOrder":49},{"sectionNumber":"sec.37","sectionType":"section","heading":null,"content":"### Section sec.37\n\ns 37 sub 2010 No. 13 s 54\nom 2015 No. 14 s 8","sortOrder":50},{"sectionNumber":"sec.38","sectionType":"section","heading":null,"content":"### Section sec.38\n\ns 38 om 2015 No. 14 s 8","sortOrder":51},{"sectionNumber":"pt.6","sectionType":"part","heading":"Review of decisions","content":"# Review of decisions","sortOrder":52},{"sectionNumber":"sec.39","sectionType":"section","heading":"Internal review of decisions","content":"### sec.39 Internal review of decisions\n\nA person whose interests are affected by either of the following decisions (the original decision ) of the chief executive may ask the chief executive to review the decision—\na decision to refuse to issue a photo identification card;\na decision to cancel a photo identification card.\nThe person is entitled to receive a statement of reasons for the original decision whether or not the provision of this Act under which the decision was made requires that the person be given a statement of reasons for the decision.\nThe Transport Planning and Coordination Act 1994 , part 5 , division 2 —\napplies to the review; and\nprovides—\nfor the procedure for applying for the review and the way it is to be carried out; and\nthat the original decision may be stayed by the person by applying to QCAT.\ns 39 amd 2009 No. 24 s 1700 ; 2017 No. 25 s 33\n(sec.39-ssec.1) A person whose interests are affected by either of the following decisions (the original decision ) of the chief executive may ask the chief executive to review the decision— a decision to refuse to issue a photo identification card; a decision to cancel a photo identification card.\n(sec.39-ssec.2) The person is entitled to receive a statement of reasons for the original decision whether or not the provision of this Act under which the decision was made requires that the person be given a statement of reasons for the decision.\n(sec.39-ssec.3) The Transport Planning and Coordination Act 1994 , part 5 , division 2 — applies to the review; and provides— for the procedure for applying for the review and the way it is to be carried out; and that the original decision may be stayed by the person by applying to QCAT.\n- (a) a decision to refuse to issue a photo identification card;\n- (b) a decision to cancel a photo identification card.\n- (a) applies to the review; and\n- (b) provides— (i) for the procedure for applying for the review and the way it is to be carried out; and (ii) that the original decision may be stayed by the person by applying to QCAT.\n- (i) for the procedure for applying for the review and the way it is to be carried out; and\n- (ii) that the original decision may be stayed by the person by applying to QCAT.\n- (i) for the procedure for applying for the review and the way it is to be carried out; and\n- (ii) that the original decision may be stayed by the person by applying to QCAT.","sortOrder":53},{"sectionNumber":"sec.40","sectionType":"section","heading":"External review of decisions","content":"### sec.40 External review of decisions\n\nIf a reviewed decision is not the decision sought by the applicant for the review, the chief executive must give the applicant a QCAT information notice for the reviewed decision.\nThe applicant may apply, as provided under the QCAT Act , to QCAT for a review of the reviewed decision.\nThe QCAT Act , section 22 (3) provides that QCAT may stay the operation of the reviewed decision, either on application by a person or on its own initiative.\nIn this section—\nQCAT information notice means a notice complying with the QCAT Act , section 157 (2) .\nreviewed decision means the chief executive’s decision on a review under section 39 .\ns 40 sub 2009 No. 24 s 1701\n(sec.40-ssec.1) If a reviewed decision is not the decision sought by the applicant for the review, the chief executive must give the applicant a QCAT information notice for the reviewed decision.\n(sec.40-ssec.2) The applicant may apply, as provided under the QCAT Act , to QCAT for a review of the reviewed decision. The QCAT Act , section 22 (3) provides that QCAT may stay the operation of the reviewed decision, either on application by a person or on its own initiative.\n(sec.40-ssec.3) In this section— QCAT information notice means a notice complying with the QCAT Act , section 157 (2) . reviewed decision means the chief executive’s decision on a review under section 39 .","sortOrder":54},{"sectionNumber":"pt.7","sectionType":"part","heading":"Legal proceedings","content":"# Legal proceedings","sortOrder":55},{"sectionNumber":"sec.41","sectionType":"section","heading":"Application of pt 7","content":"### sec.41 Application of pt 7\n\nThis part applies to a proceeding under this Act.","sortOrder":56},{"sectionNumber":"sec.42","sectionType":"section","heading":"Evidence from photo identification register","content":"### sec.42 Evidence from photo identification register\n\nA certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter—\na stated document is the photo identification register, a part of the register, or an extract from the register;\na stated document is a copy of the register, part or extract mentioned in paragraph (a) ;\non a stated day, or for a stated period, a stated person was or was not the holder of a valid photo identification card;\non a stated day, a stated person’s photo identification card expired, or was surrendered or cancelled.\ns 42 amd 2017 No. 25 s 34\n- (a) a stated document is the photo identification register, a part of the register, or an extract from the register;\n- (b) a stated document is a copy of the register, part or extract mentioned in paragraph (a) ;\n- (c) on a stated day, or for a stated period, a stated person was or was not the holder of a valid photo identification card;\n- (d) on a stated day, a stated person’s photo identification card expired, or was surrendered or cancelled.","sortOrder":57},{"sectionNumber":"sec.43","sectionType":"section","heading":"Proof of appointment and authority unnecessary","content":"### sec.43 Proof of appointment and authority unnecessary\n\nFor a proceeding under this Act, the following must be presumed unless a party to the proceeding, by prescribed notice, requires proof of it—\nthe appointment of the chief executive;\nthe authority of the chief executive to do anything under this Act.\nIn this section—\nprescribed notice , for a proceeding under this Act, means notice given to the chief executive at least 14 days before the day a court starts to hear the proceeding.\n(sec.43-ssec.1) For a proceeding under this Act, the following must be presumed unless a party to the proceeding, by prescribed notice, requires proof of it— the appointment of the chief executive; the authority of the chief executive to do anything under this Act.\n(sec.43-ssec.2) In this section— prescribed notice , for a proceeding under this Act, means notice given to the chief executive at least 14 days before the day a court starts to hear the proceeding.\n- (a) the appointment of the chief executive;\n- (b) the authority of the chief executive to do anything under this Act.","sortOrder":58},{"sectionNumber":"sec.44","sectionType":"section","heading":"Proof of signature unnecessary","content":"### sec.44 Proof of signature unnecessary\n\nA signature purporting to be the signature of the chief executive is evidence of the signature it purports to be.","sortOrder":59},{"sectionNumber":"sec.45","sectionType":"section","heading":"Proceedings for offences","content":"### sec.45 Proceedings for offences\n\nA proceeding for an offence against this Act is to be taken in a summary way under the Justices Act 1886 .","sortOrder":60},{"sectionNumber":"pt.8","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":61},{"sectionNumber":"sec.46","sectionType":"section","heading":"Confidentiality","content":"### sec.46 Confidentiality\n\nA person must not disclose, record or use information that the person gained—\nthrough involvement in the administration of this Act; or\nbecause of an opportunity provided by the involvement.\nMaximum penalty—200 penalty units.\nHowever, a person may disclose, record or use the information—\nin the discharge of a function under this Act; or\nif it is authorised—\nunder another Act or a regulation; or\nby the person to whom the information relates; or\nin a proceeding before a court or tribunal in which the information is relevant.\nIn this section—\ndisclose information means—\nintentionally or recklessly disclose the information; or\nallow access to the information.\ninformation includes a digital photo and digitised signature.\n(sec.46-ssec.1) A person must not disclose, record or use information that the person gained— through involvement in the administration of this Act; or because of an opportunity provided by the involvement. Maximum penalty—200 penalty units.\n(sec.46-ssec.2) However, a person may disclose, record or use the information— in the discharge of a function under this Act; or if it is authorised— under another Act or a regulation; or by the person to whom the information relates; or in a proceeding before a court or tribunal in which the information is relevant.\n(sec.46-ssec.3) In this section— disclose information means— intentionally or recklessly disclose the information; or allow access to the information. information includes a digital photo and digitised signature.\n- (a) through involvement in the administration of this Act; or\n- (b) because of an opportunity provided by the involvement.\n- (a) in the discharge of a function under this Act; or\n- (b) if it is authorised— (i) under another Act or a regulation; or (ii) by the person to whom the information relates; or\n- (i) under another Act or a regulation; or\n- (ii) by the person to whom the information relates; or\n- (c) in a proceeding before a court or tribunal in which the information is relevant.\n- (i) under another Act or a regulation; or\n- (ii) by the person to whom the information relates; or\n- (a) intentionally or recklessly disclose the information; or\n- (b) allow access to the information.","sortOrder":62},{"sectionNumber":"sec.47","sectionType":"section","heading":"Protection from liability","content":"### sec.47 Protection from liability\n\nThis section applies to each of the following persons (a relevant person )—\nthe chief executive;\na person authorised by the chief executive to do something under this Act.\nA relevant person is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (2) prevents civil liability attaching to a relevant person, the liability attaches instead to the State.\n(sec.47-ssec.1) This section applies to each of the following persons (a relevant person )— the chief executive; a person authorised by the chief executive to do something under this Act.\n(sec.47-ssec.2) A relevant person is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.47-ssec.3) If subsection (2) prevents civil liability attaching to a relevant person, the liability attaches instead to the State.\n- (a) the chief executive;\n- (b) a person authorised by the chief executive to do something under this Act.","sortOrder":63},{"sectionNumber":"sec.47A","sectionType":"section","heading":"Keeping and using information obtained or kept under this Act or particular transport Acts","content":"### sec.47A Keeping and using information obtained or kept under this Act or particular transport Acts\n\nThe chief executive may, for this Act, keep or use information obtained or kept under a particular transport Act if the information—\nrelates to any matter under this Act; or\nconcerns the administration of this Act.\nThe chief executive may, for a particular transport Act, keep or use information obtained or kept under this Act if the information—\nrelates to any matter under the particular transport Act; or\nconcerns the administration of the particular transport Act.\nThe general manager under the Maritime Safety Queensland Act 2002 may, for the Transport Operations (Marine Safety) Act 1994 , keep or use information obtained or kept under this Act if the information—\nrelates to any matter under the Transport Operations (Marine Safety) Act 1994 ; or\nconcerns the administration of the Transport Operations (Marine Safety) Act 1994 .\nInformation that may be kept or used under subsection (1) , (2) or (3) does not include a digital photo and digitised signature.\nThis section applies despite a provision of this or another Act.\nIn this section—\nparticular transport Act means any of the following Acts—\nthe Tow Truck Act 2023 ;\nthe Transport Infrastructure Act 1994 ;\nthe Transport Operations (Marine Safety) Act 1994 ;\nthe Transport Operations (Passenger Transport) Act 1994 ;\nthe Transport Operations (Road Use Management) Act 1995 ;\nthe Transport Planning and Coordination Act 1994 ;\nthe Transport Security (Counter-Terrorism) Act 2008 .\ns 47A ins 2010 No. 13 s 55\namd 2020 No. 21 s 25 ; 2023 No. 28 s 185\n(sec.47A-ssec.1) The chief executive may, for this Act, keep or use information obtained or kept under a particular transport Act if the information— relates to any matter under this Act; or concerns the administration of this Act.\n(sec.47A-ssec.2) The chief executive may, for a particular transport Act, keep or use information obtained or kept under this Act if the information— relates to any matter under the particular transport Act; or concerns the administration of the particular transport Act.\n(sec.47A-ssec.3) The general manager under the Maritime Safety Queensland Act 2002 may, for the Transport Operations (Marine Safety) Act 1994 , keep or use information obtained or kept under this Act if the information— relates to any matter under the Transport Operations (Marine Safety) Act 1994 ; or concerns the administration of the Transport Operations (Marine Safety) Act 1994 .\n(sec.47A-ssec.4) Information that may be kept or used under subsection (1) , (2) or (3) does not include a digital photo and digitised signature.\n(sec.47A-ssec.5) This section applies despite a provision of this or another Act.\n(sec.47A-ssec.6) In this section— particular transport Act means any of the following Acts— the Tow Truck Act 2023 ; the Transport Infrastructure Act 1994 ; the Transport Operations (Marine Safety) Act 1994 ; the Transport Operations (Passenger Transport) Act 1994 ; the Transport Operations (Road Use Management) Act 1995 ; the Transport Planning and Coordination Act 1994 ; the Transport Security (Counter-Terrorism) Act 2008 .\n- (a) relates to any matter under this Act; or\n- (b) concerns the administration of this Act.\n- (a) relates to any matter under the particular transport Act; or\n- (b) concerns the administration of the particular transport Act.\n- (a) relates to any matter under the Transport Operations (Marine Safety) Act 1994 ; or\n- (b) concerns the administration of the Transport Operations (Marine Safety) Act 1994 .\n- (a) the Tow Truck Act 2023 ;\n- (b) the Transport Infrastructure Act 1994 ;\n- (c) the Transport Operations (Marine Safety) Act 1994 ;\n- (d) the Transport Operations (Passenger Transport) Act 1994 ;\n- (e) the Transport Operations (Road Use Management) Act 1995 ;\n- (f) the Transport Planning and Coordination Act 1994 ;\n- (g) the Transport Security (Counter-Terrorism) Act 2008 .","sortOrder":64},{"sectionNumber":"sec.48","sectionType":"section","heading":"Approved forms","content":"### sec.48 Approved forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":65},{"sectionNumber":"sec.49","sectionType":"section","heading":"Regulation-making power","content":"### sec.49 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nWithout limiting subsection (1) , a regulation made under this Act may do any or all of the following—\nimpose a penalty of not more than 20 penalty units for a contravention of a provision of the regulation;\nsubject to subsection (3) , prescribe fees payable under this Act and the matters for which fees are payable;\nprovide for the review of decisions made under the regulation.\nA regulation can not prescribe a fee for the replacement of a photo identification card if the replacement is the result of information on the card being incorrect because of an error made by the chief executive.\nAlso, without limiting subsection (1) , a regulation may provide for a PIN to be used by the holder of a valid photo identification card as a security measure to protect information stored electronically on the card.\ns 49 amd 2009 No. 24 s 1702 ; 2010 No. 13 s 56 ; 2017 No. 25 s 35\n(sec.49-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.49-ssec.2) Without limiting subsection (1) , a regulation made under this Act may do any or all of the following— impose a penalty of not more than 20 penalty units for a contravention of a provision of the regulation; subject to subsection (3) , prescribe fees payable under this Act and the matters for which fees are payable; provide for the review of decisions made under the regulation.\n(sec.49-ssec.3) A regulation can not prescribe a fee for the replacement of a photo identification card if the replacement is the result of information on the card being incorrect because of an error made by the chief executive.\n(sec.49-ssec.4) Also, without limiting subsection (1) , a regulation may provide for a PIN to be used by the holder of a valid photo identification card as a security measure to protect information stored electronically on the card.\n- (a) impose a penalty of not more than 20 penalty units for a contravention of a provision of the regulation;\n- (b) subject to subsection (3) , prescribe fees payable under this Act and the matters for which fees are payable;\n- (c) provide for the review of decisions made under the regulation.","sortOrder":66},{"sectionNumber":"pt.9","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":67},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Transitional provision for Holidays and Other Legislation Amendment Act 2015","content":"## Transitional provision for Holidays and Other Legislation Amendment Act 2015","sortOrder":68},{"sectionNumber":"sec.50","sectionType":"section","heading":"Digital photos and digitised signatures","content":"### sec.50 Digital photos and digitised signatures\n\nA digital photo or digitised signature of a person kept under this Act by the chief executive immediately before the commencement is, on the commencement, taken to be kept under the TPC Act by the chief executive of the department in which that Act is administered.\ns 50 ins 2015 No. 14 s 9","sortOrder":69},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Transitional provisions for Transport and Other Legislation Amendment Act 2017","content":"## Transitional provisions for Transport and Other Legislation Amendment Act 2017","sortOrder":70},{"sectionNumber":"sec.51","sectionType":"section","heading":"Definitions for part","content":"### sec.51 Definitions for part\n\nIn this part—\nadult proof of age card means an adult proof of age card under the pre-amended Act.\namended , for a provision of this Act, means the provision as in force after the commencement.\nAPA register means the APA register under the pre-amended Act.\npre-amended Act means this Act as in force before the commencement.\ns 51 ins 2017 No. 25 s 38","sortOrder":71},{"sectionNumber":"sec.52","sectionType":"section","heading":"Existing adult proof of age cards","content":"### sec.52 Existing adult proof of age cards\n\nAn adult proof of age card in force immediately before the commencement continues in force as a photo identification card.\ns 52 ins 2017 No. 25 s 38","sortOrder":72},{"sectionNumber":"sec.53","sectionType":"section","heading":"Existing applications for new adult proof of age cards","content":"### sec.53 Existing applications for new adult proof of age cards\n\nThis section applies if, immediately before the commencement, an application made under section 8 or 9 of the pre-amended Act had not been decided.\nFor deciding the application, the pre-amended Act continues to apply as if the Transport and Other Legislation Amendment Act 2017 had not been enacted.\nHowever—\nif the chief executive decides to grant the application—\nthe decision is taken to have been made under amended section 11; and\nthe chief executive must issue a photo identification card to the applicant under amended section 12; or\nif the chief executive decides to refuse the application, amended part 6 applies as if the decision had been made in relation to a photo identification card after the commencement.\ns 53 ins 2017 No. 25 s 38\n(sec.53-ssec.1) This section applies if, immediately before the commencement, an application made under section 8 or 9 of the pre-amended Act had not been decided.\n(sec.53-ssec.2) For deciding the application, the pre-amended Act continues to apply as if the Transport and Other Legislation Amendment Act 2017 had not been enacted.\n(sec.53-ssec.3) However— if the chief executive decides to grant the application— the decision is taken to have been made under amended section 11; and the chief executive must issue a photo identification card to the applicant under amended section 12; or if the chief executive decides to refuse the application, amended part 6 applies as if the decision had been made in relation to a photo identification card after the commencement.\n- (a) if the chief executive decides to grant the application— (i) the decision is taken to have been made under amended section 11; and (ii) the chief executive must issue a photo identification card to the applicant under amended section 12; or\n- (i) the decision is taken to have been made under amended section 11; and\n- (ii) the chief executive must issue a photo identification card to the applicant under amended section 12; or\n- (b) if the chief executive decides to refuse the application, amended part 6 applies as if the decision had been made in relation to a photo identification card after the commencement.\n- (i) the decision is taken to have been made under amended section 11; and\n- (ii) the chief executive must issue a photo identification card to the applicant under amended section 12; or","sortOrder":73},{"sectionNumber":"sec.54","sectionType":"section","heading":"Replacement of adult proof of age cards","content":"### sec.54 Replacement of adult proof of age cards\n\nThis section applies if the chief executive—\ngave the holder of an adult proof of age card a written notice under section 17 of the pre-amended Act in relation to the card; and\nimmediately before the commencement, had not replaced the card under that section.\nOn receipt of the card, the chief executive must replace the adult proof of age card with a replacement photo identification card that states—\nsubject to paragraph (b) —the information that was stated on the adult proof of age card; and\nthe correct information the subject of the notice.\nSubsection (2) applies whether the chief executive received the person’s adult proof of age card before or after the commencement.\ns 54 ins 2017 No. 25 s 38\n(sec.54-ssec.1) This section applies if the chief executive— gave the holder of an adult proof of age card a written notice under section 17 of the pre-amended Act in relation to the card; and immediately before the commencement, had not replaced the card under that section.\n(sec.54-ssec.2) On receipt of the card, the chief executive must replace the adult proof of age card with a replacement photo identification card that states— subject to paragraph (b) —the information that was stated on the adult proof of age card; and the correct information the subject of the notice.\n(sec.54-ssec.3) Subsection (2) applies whether the chief executive received the person’s adult proof of age card before or after the commencement.\n- (a) gave the holder of an adult proof of age card a written notice under section 17 of the pre-amended Act in relation to the card; and\n- (b) immediately before the commencement, had not replaced the card under that section.\n- (a) subject to paragraph (b) —the information that was stated on the adult proof of age card; and\n- (b) the correct information the subject of the notice.","sortOrder":74},{"sectionNumber":"sec.55","sectionType":"section","heading":"Existing applications for replacement adult proof of age cards","content":"### sec.55 Existing applications for replacement adult proof of age cards\n\nThis section applies if—\nan application for a replacement adult proof of age card was validly made under section 18 of the pre-amended Act; and\nimmediately before the commencement, the chief executive had not issued a replacement adult proof of age card under that section.\nThe chief executive must issue a photo identification card to the applicant that states—\nsubject to paragraph (b)—the information that was stated on the adult proof of age card the subject of the application; and\nif the application was made because information stated on the adult proof of age card was incorrect—the correct information.\ns 55 ins 2017 No. 25 s 38\n(sec.55-ssec.1) This section applies if— an application for a replacement adult proof of age card was validly made under section 18 of the pre-amended Act; and immediately before the commencement, the chief executive had not issued a replacement adult proof of age card under that section.\n(sec.55-ssec.2) The chief executive must issue a photo identification card to the applicant that states— subject to paragraph (b)—the information that was stated on the adult proof of age card the subject of the application; and if the application was made because information stated on the adult proof of age card was incorrect—the correct information.\n- (a) an application for a replacement adult proof of age card was validly made under section 18 of the pre-amended Act; and\n- (b) immediately before the commencement, the chief executive had not issued a replacement adult proof of age card under that section.\n- (a) subject to paragraph (b)—the information that was stated on the adult proof of age card the subject of the application; and\n- (b) if the application was made because information stated on the adult proof of age card was incorrect—the correct information.","sortOrder":75},{"sectionNumber":"sec.56","sectionType":"section","heading":"Particular information taken to be contained in photo identification register","content":"### sec.56 Particular information taken to be contained in photo identification register\n\nInformation contained in the APA register for the holder of an adult proof of age card is taken to be contained in the photo identification register for the holder.\ns 56 ins 2017 No. 25 s 38","sortOrder":76},{"sectionNumber":"sec.57","sectionType":"section","heading":"Existing inquiries into accuracy etc. of details in APA register","content":"### sec.57 Existing inquiries into accuracy etc. of details in APA register\n\nThis section applies if—\nthe chief executive gave the holder of an adult proof of age card a written notice under section 29 of the pre-amended Act; and\nimmediately before the commencement, the holder had not complied with the notice.\nThe notice is taken to have been given under amended section 29 in relation to information recorded in the photo identification register about the holder’s photo identification card.\ns 57 ins 2017 No. 25 s 38\n(sec.57-ssec.1) This section applies if— the chief executive gave the holder of an adult proof of age card a written notice under section 29 of the pre-amended Act; and immediately before the commencement, the holder had not complied with the notice.\n(sec.57-ssec.2) The notice is taken to have been given under amended section 29 in relation to information recorded in the photo identification register about the holder’s photo identification card.\n- (a) the chief executive gave the holder of an adult proof of age card a written notice under section 29 of the pre-amended Act; and\n- (b) immediately before the commencement, the holder had not complied with the notice.","sortOrder":77},{"sectionNumber":"sec.58","sectionType":"section","heading":"Existing applications for particular information","content":"### sec.58 Existing applications for particular information\n\nThis section applies if, immediately before the commencement, an application under section 30(1)(a) or (2)(b) of the pre-amended Act had been made but not decided.\nFor deciding the application, the pre-amended Act continues to apply as if the Transport and Other Legislation Amendment Act 2017 had not been enacted.\ns 58 ins 2017 No. 25 s 38\n(sec.58-ssec.1) This section applies if, immediately before the commencement, an application under section 30(1)(a) or (2)(b) of the pre-amended Act had been made but not decided.\n(sec.58-ssec.2) For deciding the application, the pre-amended Act continues to apply as if the Transport and Other Legislation Amendment Act 2017 had not been enacted.","sortOrder":78},{"sectionNumber":"sec.59","sectionType":"section","heading":"Existing applications for review","content":"### sec.59 Existing applications for review\n\nSubsection (2) applies if—\na person asked the chief executive to review an original decision under section 39(1) of the pre-amended Act; and\nimmediately before the commencement, the chief executive had not decided the review.\nAmended part 6 applies in relation to the person’s photo identification card as if—\nthe original decision was made under the Act as in force after the commencement; and\nthe person asked the chief executive to review the decision under amended section 39(1).\nUnder section 52 , an adult proof of age card in force immediately before the commencement continues in force as a photo identification card after the commencement.\nSubsection (4) applies if, before the commencement—\nthe chief executive gave an applicant a QCAT information notice for a reviewed decision under section 40(1) of the pre-amended Act; and\nthe period within which the applicant could have applied to QCAT for a review of the decision had not expired.\nAmended part 6 applies in relation to the person’s photo identification card as if—\nthe reviewed decision was made under the Act as in force after the commencement; and\nthe chief executive gave the person a QCAT information notice under section 40(1) as in force after the commencement.\nUnder section 52 , an adult proof of age card in force immediately before the commencement continues in force as a photo identification card after the commencement.\ns 59 ins 2017 No. 25 s 38\n(sec.59-ssec.1) Subsection (2) applies if— a person asked the chief executive to review an original decision under section 39(1) of the pre-amended Act; and immediately before the commencement, the chief executive had not decided the review.\n(sec.59-ssec.2) Amended part 6 applies in relation to the person’s photo identification card as if— the original decision was made under the Act as in force after the commencement; and the person asked the chief executive to review the decision under amended section 39(1). Under section 52 , an adult proof of age card in force immediately before the commencement continues in force as a photo identification card after the commencement.\n(sec.59-ssec.3) Subsection (4) applies if, before the commencement— the chief executive gave an applicant a QCAT information notice for a reviewed decision under section 40(1) of the pre-amended Act; and the period within which the applicant could have applied to QCAT for a review of the decision had not expired.\n(sec.59-ssec.4) Amended part 6 applies in relation to the person’s photo identification card as if— the reviewed decision was made under the Act as in force after the commencement; and the chief executive gave the person a QCAT information notice under section 40(1) as in force after the commencement. Under section 52 , an adult proof of age card in force immediately before the commencement continues in force as a photo identification card after the commencement.\n- (a) a person asked the chief executive to review an original decision under section 39(1) of the pre-amended Act; and\n- (b) immediately before the commencement, the chief executive had not decided the review.\n- (a) the original decision was made under the Act as in force after the commencement; and\n- (b) the person asked the chief executive to review the decision under amended section 39(1).\n- (a) the chief executive gave an applicant a QCAT information notice for a reviewed decision under section 40(1) of the pre-amended Act; and\n- (b) the period within which the applicant could have applied to QCAT for a review of the decision had not expired.\n- (a) the reviewed decision was made under the Act as in force after the commencement; and\n- (b) the chief executive gave the person a QCAT information notice under section 40(1) as in force after the commencement.","sortOrder":79},{"sectionNumber":"sec.60","sectionType":"section","heading":"Existing legal proceedings","content":"### sec.60 Existing legal proceedings\n\nThis section applies if, immediately before the commencement, a proceeding started under a provision of the pre-amended Act in relation to a person’s adult proof of age card had not been finalised.\nFor the purposes of finalising the proceeding—\nthe proceeding is taken to have been started—\nunder the amended provision; and\nin relation to the person’s photo identification card; and\nthis Act as in force after the commencement is taken to apply.\ns 60 ins 2017 No. 25 s 38\n(sec.60-ssec.1) This section applies if, immediately before the commencement, a proceeding started under a provision of the pre-amended Act in relation to a person’s adult proof of age card had not been finalised.\n(sec.60-ssec.2) For the purposes of finalising the proceeding— the proceeding is taken to have been started— under the amended provision; and in relation to the person’s photo identification card; and this Act as in force after the commencement is taken to apply.\n- (a) the proceeding is taken to have been started— (i) under the amended provision; and (ii) in relation to the person’s photo identification card; and\n- (i) under the amended provision; and\n- (ii) in relation to the person’s photo identification card; and\n- (b) this Act as in force after the commencement is taken to apply.\n- (i) under the amended provision; and\n- (ii) in relation to the person’s photo identification card; and","sortOrder":80}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"Originally enacted as the 'Adult Proof of Age Card Act' focused solely on proof-of-age cards for adults, the 2017 amendments significantly expanded scope by: (1) renaming it to 'Photo Identification Card Act' to reflect broader identity purposes beyond just age verification, (2) lowering eligibility from 18 to 15 years, (3) adding electronic information storage capabilities, (4) creating extensive information-sharing powers with other transport agencies (section 47A), and (5) adding security features like PIN protection. The Act evolved from a simple age-verification tool to a comprehensive digital identity infrastructure piece integrated with Queensland's broader transport and safety regulatory framework."},"complexity_factors":["Moderate cross-referencing to other Acts (Transport Planning and Coordination Act 1994, QCAT Act, Justices Act 1886, and multiple transport Acts)","Multiple amendment history markers throughout (2010, 2015, 2017, 2020, 2023) indicating evolutionary complexity","Transitional provisions in Part 9 requiring readers to understand 'pre-amended Act' vs 'amended' versions","Conditional logic in offence provisions (exceptions for honest mistakes, reasonable excuses)","Information sharing provisions (section 47A) creating complex webs of permitted data exchange between transport agencies","Nested subsections in procedural requirements (e.g., section 15 cancellation process with 6 subsections and multiple conditions)"],"plain_english_summary":"This legislation creates a system for issuing official photo ID cards to Queensland residents aged 15 and over. These cards serve as proof of age (similar to a driver's licence but for non-drivers) and can store electronic information.\n\n**Who it affects:**\n- **Queensland residents aged 15+** who want official photo ID but don't have a driver's licence or passport\n- **The chief executive** (a senior government official) who runs the scheme\n- **Businesses** that need to verify someone's age or identity\n\n**What it does:**\n- **Issues cards:** Eligible people can apply for a card by proving their identity and paying a fee. Cards last up to 10 years.\n- **Protects against fraud:** Makes it illegal to use false documents to get a card, possess someone else's card, or create fake cards. Penalties range up to 40 penalty units (roughly $5,000+).\n- **Maintains a register:** Keeps a database of cardholders including names, addresses, dates of birth, and card status.\n- **Controls information:** Strictly limits who can access the register—mainly the cardholder, police, or other ID issuers with consent.\n- **Provides review rights:** If your application is refused or card cancelled, you can appeal internally and then to QCAT (Queensland Civil and Administrative Tribunal).\n\n**Why it matters:**\nThis gives young people and non-drivers a government-issued photo ID to buy alcohol, enter venues, or prove their identity. It also includes safeguards to prevent identity theft and ensure the integrity of the ID system."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act as presented has been amended from an earlier 'adult proof of age card' scheme into a broader 'photo identification card' regime. The amendments (see transitional sections 51–60 and the re‑labelling throughout) expanded the statutory object to permit cards that store information electronically and made persons aged 15 and older eligible (secs 3, 5, 7). The changes also integrated the card register with other transport registers and added explicit data‑sharing and security provisions (secs 27, 47A, 49). Those amendments materially broaden the original scope from a narrowly framed adult proof‑of‑age credential to a general photo ID system with electronic data and cross‑agency use, increasing data‑sharing and administrative reach."},"complexity_factors":["Multiple cross-references to other Acts (Transport Operations Act, Transport Planning and Coordination Act, QCAT Act and others) creating layered review and administrative procedures (secs 27, 39–40, 47A)","Procedural timelines and nested steps (minimum 28‑day show‑cause and information periods; 14‑day surrender periods) (secs 15, 34, 15(4))","Discretion concentrated in a single decision‑maker (the chief executive) across many powers (issue/refusal, cancellation, information release, register amendment), with statutory but ordinary‑law safeguards (secs 11, 14–15, 26, 28–30, 34)","Restricted but multi-path information release regime (written release, oral release, release to police, interstate issuers, and verification requests) with identity‑checking and subsequent‑use limits (secs 30–30A)","Transitional provisions altering labels and moving existing records between registers, adding temporal complexity (secs 50–60)","Multiple offence types with varying penalties and exceptions (secs 21–25, 46)","Regulation-making powers that cover fees, penalties and security measures (PIN), with an explicit prohibition on some fee types (sec 49)"],"plain_english_summary":"**What this law does (mechanics first)\n\n- Creates a state-issued \"photo identification card\" and a system for issuing, replacing, cancelling and registering those cards. The chief executive of the responsible department runs the scheme and makes decisions about applications, cancellations, replacements and information releases (see secs 3, 5, 8, 11, 12, 14–18, 26).\n\n- Sets who can apply: persons who ordinarily reside in Queensland and are at least 15 years old (sec 7). Applications must include documentary proof of identity and the prescribed fee (sec 8). The chief executive may ask for more information and can refuse, grant or cancel applications under the processes in the Act (secs 11, 34).\n\n- Establishes the photo identification register: a record of card-holders with specified fields (customer number, name, residential address, DOB, sex, issue/expiry/replacement dates) and allows the register to be electronic and to sit alongside other transport registers (secs 26–27).\n\n- Controls how personal data is released. The chief executive may release register information in writing or orally in limited circumstances (to the card-holder, with consent to another entity, to police, to interstate/other proof-of-age issuers, or to an entity that is verifying the card) and must be satisfied about identity or limits on subsequent disclosures before release (secs 30–30A).\n\n- Makes it an offence to give false documents, to wrongfully deal with age documents, to possess or hand over someone else’s card without reasonable excuse, to possess or produce documents resembling the card to deceive, or to wilfully damage a card. Penalties are set (secs 21–25, 22–23; see max penalties in text).\n\n- Sets administrative procedures: expiry (no longer than 10 years after issue) and replacement/cancellation processes (secs 13, 15–18), notice and show‑cause periods (minimum 28 days for show-cause (sec 15); 28 days for further information requests (sec 34)), and directions to return cancelled cards (sec 15).\n\n- Imposes confidentiality duties on officials and others involved in administering the Act and criminalises unauthorised disclosure, but lists permitted disclosures (sec 46). The Act protects authorised officers (and the chief executive) from civil liability for honest, non-negligent acts; where liability would otherwise attach to an officer it attaches to the State (sec 47).\n\n- Allows the Governor in Council to make regulations about fees, limited penalties, a PIN security measure for electronic data on cards, and review procedures; but regulation cannot charge a replacement fee when the chief executive caused the error that made replacement necessary (sec 49).\n\n- Provides internal and external review paths for affected persons, with application to QCAT for external review and potential stays (secs 39–40).\n\nWhy the Act says it exists (official purpose claim)\n\n- The Act’s stated object is to enable the chief executive to issue cards on which information may be stored electronically and that may be used by a person as identification of the person’s age, and to require identity checks before issuing cards (sec 3).\n\nTesting that purpose against costs, incentives and trade-offs\n\n- Who pays: Applicants pay the prescribed fee for issuance and replacement unless the replacement is required because of an error by the chief executive (regulations may not prescribe that fee) (secs 8, 49(3)). Taxpayers bear administrative costs of issuing and operating the register; the State bears civil liability where officers are protected (sec 47).\n\n- Who decides and where discretion sits: The chief executive holds extensive powers — to accept/refuse applications (sec 11), require additional information (sec 34), cancel cards for false or misleading documents (sec 14) and to release register information in defined circumstances (secs 30–30A). Those powers are subject to statutory timelines and review rights (secs 15, 34, 39–40) but leave operational discretion with the chief executive.\n\n- Compliance and administrative burdens: Applicants must produce documentary proof of identity and meet fee requirements (sec 8). Holders must notify loss/theft/damage and return cancelled or surplus cards on direction (secs 15, 16, 19). The chief executive must maintain and update a register and can inquire into accuracy (secs 26, 28–29). These create routine transaction costs for individuals and administrative workload for the department.\n\n- Privacy, data security and information flows: The register contains personal data (addresses, DOB, sex) and the Act contemplates storing digital photos and digitised signatures. The Act criminalises unauthorised disclosure (sec 46) but also permits structured sharing with police and certain other authorities or verifiers (secs 30, 47A). Regulation can allow a PIN as a security measure (sec 49(4)). The concrete trade-off is between operational usefulness (easy verification for businesses and police) and increased surface for privacy risk and data-breach costs; the Act sets criminal and administrative limits but leaves operational security design to administration/regulations.\n\n- Effects on private business and transactions: The Act standardises a government-issued age/identity credential which private businesses (e.g. licensed venues) can rely on when verifying age. That reduces transaction costs for such businesses and consumers compared with ad-hoc documents, while also creating a central point of verification (sec 30(2)). The Act authorises release of verification information to entities that demonstrate the card has been produced (sec 30(2)), enabling private sector reliance, but the chief executive controls when and how that access occurs.\n\n- Incentives and enforcement: Penalties for false documents, wrongful dealing and misuse create criminal/legal deterrents (secs 22–25). The ability to cancel cards based on false/misleading proof (sec 14) further discourages misuse. At the same time, administrative errors by the chief executive that require replacement are explicitly exempt from replacement fees, which removes a penalty risk for holders when the State is at fault (sec 49(3)).\n\n- Opportunity costs and resource prioritisation: Running a photographic ID scheme and register diverts departmental resources from other uses. The Act permits integration with transport registers (sec 27) and data-sharing with transport Acts (sec 47A), which may reduce duplication but also concentrates personal data in related government systems.\n\n- Implementation risk and appeal routes: Operational risks include identity‑verification errors, data-security incidents, and discretionary decision-making about releases or cancellations. The Act provides internal review and an external right to QCAT review (secs 39–40), which gives an administrative remedy but also generates potential dispute-handling workload.\n\n- Concentrated benefits and diffuse costs: The most concentrated beneficiaries are card-holders (convenient, standard ID) and businesses that check age; costs are spread across applicants (fees) and taxpayers (system costs and civil-liability exposures). The State also gains a controlled, centralised credentialing mechanism and associated register.\n\nKey concrete behavioural rules (who does what)\n\n- Applicants must provide identity documents and pay the fee; the chief executive must verify identity and decide to grant or refuse (secs 8, 11).\n- Card-holders must notify loss/damage/theft and return cards when directed or after replacement (secs 15, 16, 19).\n- Officials and persons involved in administering the Act must not disclose or misuse register information except as permitted (sec 46).\n\nImportant limits and guarantees\n\n- Minimum procedural timeframes for applicant responses/show cause and information requests (normally at least 28 days) (secs 15, 34).\n- Civil-liability protection for officials for honest, non-negligent acts, with liability transferring to the State where protection applies (sec 47).\n- Regulation cannot charge holders for replacements caused by State error (sec 49(3)).\n\nPrincipal sections to consult quickly: object and definition of card (secs 3–5), eligibility and application (secs 7–12), cancellation/replacement (secs 14–18), register and release rules (secs 26–30A), confidentiality (sec 46), review (secs 39–40), and regulation power (sec 49)."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.6(3)","severity":"medium","reasoning":"It is logically incoherent for the State to assert full proprietary ownership of the card (s6(1)) while simultaneously disclaiming all legal liability for acts or omissions relating to its keeping or use (s6(3)). Ownership ordinarily entails duties of care. The State cannot have the benefits of ownership without the corresponding responsibilities, at least without creating a significant logical tension. This is compounded by sec.47 which separately provides liability protection for the chief executive, suggesting sec.6(3) is doing additional and potentially overbroad work.","confidence":0.72,"description":"The State declares it is not legally liable for acts or omissions relating to keeping or using a card that the State simultaneously declares is and remains its own property under sec.6(1)."},{"type":"other","section":"sec.15(3) and sec.15(4)","severity":"low","reasoning":"The card is State property (s6(1)). Cancellation takes effect on receipt of the information notice (s15(3)). The direction to return the card must give at least 14 days (s15(4)). During those 14 days, the person holds a cancelled card that is still State property. The Act creates no offence or permission for holding a cancelled card in this window, nor does it address the legal status of any use of the card during that period. This is an operational gap rather than a strict absurdity but creates an illogical limbo.","confidence":0.65,"description":"Cancellation takes effect when the person 'receives' the information notice (s15(3)), but the direction to return the card is given after the cancellation decision and must allow at least 14 days for compliance (s15(4)). This means the person is required to hold and then return State property (s6(1)) that has already been cancelled — i.e., they are in lawful possession of a cancelled card during that window, with no clear legal status for the card during that period."},{"type":"other","section":"sec.5 and sec.7","severity":"medium","reasoning":"The object of the Act (s3) is to issue a card usable as identification of the person's age. However, s5 defines the card as merely stating the person is 'at least 15 years'. This means a 70-year-old's card would state they are 'at least 15 years' — technically true but practically useless for age verification purposes such as confirming someone is 18+. The card as legally defined cannot fulfil its stated object in any meaningful way for the most common use case (proving adult age for liquor or other age-restricted purposes).","confidence":0.78,"description":"Section 5 defines a photo identification card as a card that 'states a person is at least 15 years', yet the card is primarily described in sec.3 as identification of the person's age. A card that only states a person is 'at least 15 years' provides almost no useful age information — it cannot confirm someone is 18, 21, or any other specific threshold age relevant to regulated activities."},{"type":"other","section":"sec.19(2) and sec.18(1)(b)","severity":"low","reasoning":"The Act allows both mandatory notification (s19(2)) and a replacement application (s18) on the basis of a 'reasonable suspicion' rather than confirmed loss or theft. If the original card was not actually lost or stolen, the person could end up with two valid cards (until the original is surrendered under s19(3)). The obligation under s19(3) to return the original if it comes back into possession provides a partial remedy but does not eliminate the window of dual-card holding.","confidence":0.6,"description":"A person who 'reasonably suspects' a card has been lost or stolen must notify the chief executive 'as soon as practicable' under s19(2), yet s18(1)(b) permits the same person to apply for a replacement card based on the same mere suspicion. This means a person can trigger replacement procedures based on suspicion alone, potentially receiving a replacement card for a card that was never actually lost."},{"type":"other","section":"sec.22(2)","severity":"medium","reasoning":"The subsection means a person can hand over a document they know contains false information and escape liability simply by saying 'this document is false in the following way'. While the provision is presumably designed for situations where someone must submit a document known to have errors (e.g., an outdated certificate), its breadth means the offence in s22(1) is largely toothless against anyone who chooses to confess the falsity upfront. Combined with the identity verification purpose of the Act, this is a notable logical weakness.","confidence":0.7,"description":"Section 22(2) creates an exception to the offence of providing false or misleading documents if the person informs the chief executive how the information is false or misleading. This effectively permits the submission of knowingly false documents to a government authority, provided the person simultaneously confesses to the falsity — creating a perverse incentive structure and a near-meaningless offence."},{"type":"impossible_compliance","section":"sec.32(1)(a)","severity":"low","reasoning":"Approving an oral application method via website publication means there is no inherent record of the oral application being made in the approved way. This creates proof and accountability problems — how does the chief executive demonstrate that an oral application was made in accordance with the approved way? The combination of oral approval via written website notice is internally inconsistent.","confidence":0.62,"description":"Section 32(1)(a) allows the chief executive to approve an 'oral' way of making an application by publishing a notice on a website. A published website notice cannot logically 'approve' oral applications in a manner that creates any verifiable or enforceable record, creating a fundamental evidentiary absurdity."},{"type":"other","section":"sec.47A(4)","severity":"medium","reasoning":"The whole point of a photo identification card is the photograph linking a face to personal details. Sections 47A(1)-(3) allow sharing of register information across transport Acts for administrative purposes, but s47A(4) carves out digital photos and digitised signatures. This means agencies can share names, addresses and dates of birth but not the photographs — undermining the utility of cross-agency identity verification that the sharing provision is presumably designed to facilitate.","confidence":0.67,"description":"Section 47A permits broad cross-Act sharing of information by the chief executive but specifically excludes digital photos and digitised signatures from that sharing. However, a photo identification card is literally a photo ID — its defining feature is the photo. Excluding the most identifying piece of information from information-sharing provisions renders the sharing permission largely useless for identity verification purposes."}],"contradictions":[{"severity":"medium","section_a":"sec.6(1)","section_b":"sec.6(3)","confidence":0.7,"description":"Section 6(1) declares the card is and remains the property of the State, but sec.6(3) declares the State is not legally liable for acts or omissions relating to the keeping or use of the card. State ownership of property ordinarily carries with it duties and liabilities in relation to that property, making these two provisions logically contradictory in their practical operation."},{"severity":"medium","section_a":"sec.3(1)","section_b":"sec.5","confidence":0.8,"description":"Section 3(1) states the object is to issue a card that 'may be used by a person as identification of the person's age', implying the card identifies the person's actual age. However, sec.5 defines the card as merely stating the person is 'at least 15 years' — which is not identification of a person's age but only a minimum age threshold. The object and the definition are irreconcilable."},{"severity":"low","section_a":"sec.15(2)","section_b":"sec.15(3)","confidence":0.65,"description":"Section 15(2) states the chief executive 'may cancel the card' by giving an information notice, using permissive language. Section 15(3) states cancellation 'takes effect' when the person receives that notice, using mandatory/automatic language. This creates ambiguity: does giving the notice constitute cancellation (s15(3)) or is cancellation a separate act that may or may not follow the notice (s15(2))?"},{"severity":"medium","section_a":"sec.47(2)","section_b":"sec.6(3)","confidence":0.68,"description":"Section 47(2) provides that a relevant person (including the chief executive) is not civilly liable for honest, non-negligent acts or omissions under the Act, with liability transferring to the State under s47(3). Section 6(3) separately declares the State is not legally liable for any act or omission relating to keeping or use of the card at all. If both provisions apply simultaneously, there is a potential scenario where negligent conduct by the chief executive falls within s6(3)'s blanket exclusion rather than s47(3)'s transfer mechanism, creating contradictory liability regimes."},{"severity":"low","section_a":"sec.17(1)(b)","section_b":"sec.18(4)","confidence":0.6,"description":"Section 17 applies only where the chief executive 'reasonably believes the error was caused by the chief executive', triggering a no-fee replacement process. Section 18(4) requires the chief executive to issue a replacement if 'information stated on the original card is incorrect' without requiring the error to be the chief executive's fault. This means a holder-caused error could trigger a mandatory replacement under s18(4) without any fee-exemption protection, while sec.49(3) only prohibits prescribing a fee where the error is the chief executive's. The overlap between the two replacement pathways for incorrect information creates an inconsistent regime."},{"severity":"low","section_a":"sec.19(2)","section_b":"sec.19(3)","confidence":0.58,"description":"Section 19(2) requires a holder to notify the chief executive 'as soon as practicable' upon becoming aware or reasonably suspecting damage, loss or theft. Section 19(3) requires the holder to return the original card if it comes back into possession after a replacement is issued. Read together, a person who only 'reasonably suspects' loss (never confirmed) must notify under s19(2) and may obtain a replacement under s18, but if the card was never actually lost, s19(3) requires its return — meaning the Act mandates notification and can trigger replacement for a card that was never lost, creating a circular and potentially wasteful process."}]},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2008 Act was aimed at adults wanting an alternative to a driver's licence for age verification. Over time, the scope expanded: eligibility was lowered from 18+ to 15+, electronic data storage capabilities were added, information-sharing with police and interstate agencies was formalised, and the card's role grew beyond simple age proof to a broader identity document usable across transport-related government functions. The 2017 amendments also broadened the name and framing from a narrower 'adult proof of age' purpose to a general-purpose 'photo identification' system."},"complexity_factors":["Multiple layers of amendment history requiring cross-referencing (2010, 2011, 2015, 2017, 2020, 2023 amendments)","Detailed transitional provisions managing the changeover from 'adult proof of age cards' to 'photo identification cards'","Cross-references to multiple other Queensland Acts (Transport Operations Acts, Transport Planning and Coordination Act, QCAT Act, Maritime Safety Queensland Act, etc.)","Tiered review process (internal review → QCAT external review) with separate procedural rules imported from another Act","Information-sharing framework with nuanced restrictions (written vs oral release, different authorised recipients, exclusion of digital photos/signatures)","Dual liability regime: State property ownership combined with limited civil liability protection for officials"],"plain_english_summary":"This Queensland law creates a government-issued Photo Identification Card to prove a person’s age (available to residents aged 15+), providing an official option for people without or who prefer not to use a driver’s licence. It sets out application, verification and renewal rules, state ownership of cards, confidentiality protections, limited register access by police and agencies, and criminal penalties for fraud, misuse or unauthorised disclosure — affecting applicants, businesses that check age, and enforcement bodies."}},"importantCases":[],"_links":{"self":"/api/acts/photo-identification-card-act-2008","history":"/api/acts/photo-identification-card-act-2008/history","analysis":"/api/acts/photo-identification-card-act-2008/analysis","conflicts":"/api/acts/photo-identification-card-act-2008/conflicts","importantCases":"/api/acts/photo-identification-card-act-2008/important-cases","documents":"/api/acts/photo-identification-card-act-2008/documents"}}