sec.28AOperation of facial recognition technology system by particular licensees— Act , s 366

sec.28A Operation of facial recognition technology system by particular licensees— Act , s 366

This section applies in relation to a licensee other than a licensee who is operating a facial recognition technology system on the licensee’s licensed premises under a condition imposed by the commissioner on the licensee’s gaming machine licence under section 73 or 74 of the Act . Subject to this section, the licensee is authorised to operate a facial recognition technology system on the licensee’s licensed premises. A facial recognition technology system may be operated on the licensed premises only if— the licensee— is treated as an organisation under the Privacy Act 1988 (Cwlth) ; and complies with that Act in relation to the protection of personal information held in the system; and the system— is used for identifying an excluded person to prevent the person from entering or remaining in the licensed premises, or a gaming machine area on the licensed premises, in contravention of a self-exclusion order or exclusion direction; and includes a function that deletes any biometric information recorded by the system that does not identify an excluded person. A licensee who operates a facial recognition technology system under this section must display a sign complying with subsections (5) and (6) on the licensee’s licensed premises. Maximum penalty—20 penalty units. The sign must state that a facial recognition technology system is in operation on the licensee’s licensed premises. The sign must be displayed in a conspicuous position at— each entrance to the licensee’s licensed premises; and each entrance to a gaming machine area on the licensed premises where a facial recognition technology system is in operation. If a licence for licensed premises ends under the Act , the licensee or person who was the licensee must not keep or disclose any personal information held by a facial recognition technology system operated on the premises. Maximum penalty—20 penalty units. A licensee who operates a facial recognition technology system under this section must ensure any personal information held by the system is not used— to encourage or provide an incentive to a person to gamble; or in connection with a customer loyalty or reward program. Maximum penalty—20 penalty units. In this section— excluded person means a person who is the subject of a self-exclusion order or an exclusion direction in force for the person. facial recognition technology system means a system that— enables the facial image of a person to be recognised, identified and recorded; and compares the facial image mentioned in paragraph (a) with biometric information held in the system about excluded persons. s 28A ins 2025 SL No. 162 s 3 (sec.28A-ssec.1) This section applies in relation to a licensee other than a licensee who is operating a facial recognition technology system on the licensee’s licensed premises under a condition imposed by the commissioner on the licensee’s gaming machine licence under section 73 or 74 of the Act . (sec.28A-ssec.2) Subject to this section, the licensee is authorised to operate a facial recognition technology system on the licensee’s licensed premises. (sec.28A-ssec.3) A facial recognition technology system may be operated on the licensed premises only if— the licensee— is treated as an organisation under the Privacy Act 1988 (Cwlth) ; and complies with that Act in relation to the protection of personal information held in the system; and the system— is used for identifying an excluded person to prevent the person from entering or remaining in the licensed premises, or a gaming machine area on the licensed premises, in contravention of a self-exclusion order or exclusion direction; and includes a function that deletes any biometric information recorded by the system that does not identify an excluded person. (sec.28A-ssec.4) A licensee who operates a facial recognition technology system under this section must display a sign complying with subsections (5) and (6) on the licensee’s licensed premises. Maximum penalty—20 penalty units. (sec.28A-ssec.5) The sign must state that a facial recognition technology system is in operation on the licensee’s licensed premises. (sec.28A-ssec.6) The sign must be displayed in a conspicuous position at— each entrance to the licensee’s licensed premises; and each entrance to a gaming machine area on the licensed premises where a facial recognition technology system is in operation. (sec.28A-ssec.7) If a licence for licensed premises ends under the Act , the licensee or person who was the licensee must not keep or disclose any personal information held by a facial recognition technology system operated on the premises. Maximum penalty—20 penalty units. (sec.28A-ssec.8) A licensee who operates a facial recognition technology system under this section must ensure any personal information held by the system is not used— to encourage or provide an incentive to a person to gamble; or in connection with a customer loyalty or reward program. Maximum penalty—20 penalty units. (sec.28A-ssec.9) In this section— excluded person means a person who is the subject of a self-exclusion order or an exclusion direction in force for the person. facial recognition technology system means a system that— enables the facial image of a person to be recognised, identified and recorded; and compares the facial image mentioned in paragraph (a) with biometric information held in the system about excluded persons.