This Act lets the chief executive issue a State-owned photo identification card that can store information electronically and be used to prove a person’s age. It requires proof of identity and payment of a prescribed fee before issue, creates and controls a register of card-holders, limits who may access register information, and establishes offences, penalties and review rights for issuance, cancellation and misuse.
Mechanically, the Photo Identification Card Act 2008 (as reproduced here) creates a statutory regime for issuing, maintaining and controlling proof‑of‑age photo identification cards in Queensland. It:
defines eligibility (ordinarily resident in Queensland and at least 15 years old, s 7) and the form and duration of cards (a card states a person is at least 15 and may store information electronically, s 5; expiry not more than 10 years from issue, s 13);
makes the card the property of the State (s 6) and requires the chief executive to establish identity before issuing a card (linked to the stated object, s 3 and the grant/refusal mechanics in s 11-12);
sets application requirements (documentary proof of identity and eligibility plus the prescribed fee, s 8), gives the chief executive powers to request further information (s 34), and prescribes processes for grant, refusal, internal review and external review via QCAT (s 11, s 39-40);
provides for replacement, correction and cancellation of cards, including an opportunity to show cause before cancellation where a card was issued because of false or misleading material (s 14-19);
requires and prescribes the contents of a photo identification register maintained by the chief executive (s 26-29), and establishes restricted rules for written and oral release of information from the register (s 30-30A);
criminalises misuse and fraudulent dealing connected to cards and related documents, with maximum penalties expressed in penalty units (see s 21-25, and s 46 confidentiality);
imposes confidentiality obligations on persons involved in the administration of the Act and permits limited authorised disclosures, with a high maximum penalty for unauthorised disclosure (s 46);
Current sections
Direct links to the current provisions in Photo Identification Card Act 2008.
81
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Photo Identification Card Act 2008 .
s 1 amd 2017 No. 25 s 5
sec.2
Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.3
Object of Act
sec.3 Object of Act
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.
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
(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.
(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
(a) on which information may be stored electronically; and
(b) that may be used by a person as identification of the person’s age.
sec.4
Definitions
sec.4 Definitions
The dictionary in the schedule defines particular words used in this Act.
pt.2
Photo identification card
Photo identification card
pt.2-div.1
Preliminary
Preliminary
sec.5
What is a photo identification card
sec.5 What is a photo identification card
A photo identification card is a proof of age card issued under this Act—
that states a person is at least 15 years; and
on which information may be stored electronically.
s 5 sub 2010 No. 13 s 44 ; 2017 No. 25 s 8
(a) that states a person is at least 15 years; and
(b) on which information may be stored electronically.
sec.6
Card is property of the State
sec.6 Card is property of the State
A photo identification card is and remains the property of the State.
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.
The State is not legally liable for an act or omission relating to the keeping or use of the photo identification card.
s 6 amd 2010 No. 13 s 45 ; 2017 No. 25 s 9
(sec.6-ssec.1) A photo identification card is and remains the property of the State.
(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.
(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.
(a) has the right to use information that is on the card or stored electronically on it; or
(b) has the right to have information stored on the card.
pt.2-div.2
Applying for card
Applying for card
sec.7
Eligibility for card
sec.7 Eligibility for card
A person (an eligible person ) is eligible to apply for a photo identification card if the person—
ordinarily resides in Queensland; and
is at least 15 years.
s 7 amd 2010 No. 51 s 4
sub 2017 No. 25 s 10
(a) ordinarily resides in Queensland; and
(b) is at least 15 years.
sec.8
Application for card
sec.8 Application for card
An eligible person may apply to the chief executive for a photo identification card.
See part 5 for requirements about the application.
The application must be accompanied by—
documentary proof of the applicant’s identity and eligibility as mentioned in section 7 ; and
the prescribed fee.
s 8 amd 2010 No. 51 s 5
sub 2017 No. 25 s 10
(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.
(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.
(a) documentary proof of the applicant’s identity and eligibility as mentioned in section 7 ; and
(b) the prescribed fee.
sec.9
Section sec.9
s 9 amd 2010 No. 13 s 46 ; 2015 No. 14 s 4
om 2017 No. 25 s 11
sec.10
Section sec.10
s 10 amd 2010 No. 19 s 183
om 2017 No. 25 s 11
sec.11
Decision on application
sec.11 Decision on application
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.
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.
If the chief executive decides to refuse to grant the application, the chief executive must give the applicant an information notice for the decision.
s 11 amd 2010 No. 13 s 47 ; 2015 No. 14 s 5 ; 2017 No. 25 s 12
(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.
(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.
(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.
(a) satisfied— (i) of the applicant’s identity; and (ii) that the applicant is an eligible person; and
(i) of the applicant’s identity; and
(ii) that the applicant is an eligible person; and
(b) the prescribed fee has been paid.
(i) of the applicant’s identity; and
(ii) that the applicant is an eligible person; and
sec.12
Issue of card
sec.12 Issue of card
If the chief executive decides to grant the application, the chief executive must issue a photo identification card to the applicant.
s 12 amd 2010 No. 51 s 6 ; 2017 No. 25 s13
sec.13
Expiry of card
sec.13 Expiry of card
Unless 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.
s 13 amd 2010 No. 13 s 48 ; 2017 No. 25 s 14
pt.2-div.3
Cancelling and surrendering card
Cancelling and surrendering card
sec.14
Grounds for cancelling card
sec.14 Grounds for cancelling card
The chief executive may cancel a photo identification card if the card was issued because of a document or representation that was false or misleading.
s 14 amd 2017 No. 25 s 15
sec.15
Procedure for cancelling card
sec.15 Procedure for cancelling card
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.
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.
The cancellation takes effect when the person receives the information notice under subsection (2) .
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.
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.
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.
s 15 amd 2017 No. 25 s 16
(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.
(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.
(sec.15-ssec.3) The cancellation takes effect when the person receives the information notice under subsection (2) .
(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.
(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.
(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.
(a) the chief executive is proposing to cancel the card; and
(b) the ground for the proposed cancellation; and
(c) an outline of the facts and circumstances forming the basis for the ground; and
(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.
(a) the card has been destroyed, lost or stolen; and
(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.
sec.16
Surrendering card
sec.16 Surrendering card
The holder of a photo identification card may surrender the card by returning it, and giving notice of its surrender, to the chief executive.
See part 5 for requirements about the notice.
s 16 amd 2017 No. 25 s 17
pt.2-div.4
Replacing card
Replacing card
sec.17
Chief executive may require card to be replaced
sec.17 Chief executive may require card to be replaced
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.
The chief executive may, by written notice, require the holder of the card to return the card to the chief executive.
The notice must include a statement identifying the information that is incorrect and the correct information.
The holder must comply with the notice, unless the holder has a reasonable excuse.
Maximum penalty—20 penalty units.
On receipt of the card, the chief executive must issue to the holder a replacement photo identification card stating the correct information.
s 17 amd 2017 No. 25 s 18
(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.
(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.
(sec.17-ssec.3) The notice must include a statement identifying the information that is incorrect and the correct information.
(sec.17-ssec.4) The holder must comply with the notice, unless the holder has a reasonable excuse. Maximum penalty—20 penalty units.
(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.
(a) information stated on a photo identification card is incorrect; and
(b) the chief executive reasonably believes the error was caused by the chief executive.
sec.18
Holder may apply for replacement card
sec.18 Holder may apply for replacement card
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.
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.
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.
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.
If the application was made because information stated on the original card was incorrect, the replacement photo identification card must state the correct information.
s 18 sub 2017 No. 25 s 19
(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.
(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.
(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.
(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.
(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.
(a) information stated on a valid photo identification card is incorrect; or
(b) the holder of a valid photo identification card becomes aware, or reasonably suspects, the card has been damaged, lost or stolen.
(a) the original card, unless it was, or the holder reasonably suspects it was, destroyed, lost or stolen; and
(b) the prescribed fee.
(a) information stated on the original card is incorrect; or
(b) the original card has been damaged, lost or stolen.
pt.3
Offences
Offences
pt.3-div.1
General
General
sec.19
Damaged, lost or stolen card
sec.19 Damaged, lost or stolen card
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.
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.
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.
s 19 amd 2017 No. 25 s 20
(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.
(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.
(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.
pt.3-div.2
Offences relating to obtaining or using card
Offences relating to obtaining or using card
sec.20
Application of div 2
sec.20 Application of div 2
This division does not apply to any of the following persons carrying out a function, or exercising a power, under this or another Act—
the chief executive;
the commissioner of the police service;
a police officer.
(a) the chief executive;
(b) the commissioner of the police service;
(c) a police officer.
sec.21
Damaging card
sec.21 Damaging card
A person must not wilfully damage a photo identification card.
Maximum penalty—40 penalty units.
s 21 amd 2017 No. 25 s 21
sec.22
False or misleading representation
sec.22 False or misleading representation
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.
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.
(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.
(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.
(a) informs the chief executive, to the best of the person’s ability, how the information is false or misleading; and
(b) if the person has, or can reasonably obtain, the correct information—gives the correct information.
sec.23
Wrongful dealing with documents relevant to obtaining card
sec.23 Wrongful dealing with documents relevant to obtaining card
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.
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.
s 23 amd 2017 No. 25 s 22
(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.
(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.
sec.23A
Proof of giving documents
sec.23A Proof of giving documents
This section applies to a proceeding for an offence against section 22 (1) or 23 (1) or (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.
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.
s 23A ins 2010 No. 13 s 49
(sec.23A-ssec.1) This section applies to a proceeding for an offence against section 22 (1) or 23 (1) or (2) .
(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.
(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.
sec.24
Possessing another person’s card
sec.24 Possessing another person’s card
A person must not possess another person’s photo identification card unless the person has a reasonable excuse.
Maximum penalty—40 penalty units.
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.
For subsection (2) , it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.
s 24 amd 2017 No. 25 s 23
(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.
(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.
(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.
sec.25
Documents purporting to be photo identification card
sec.25 Documents purporting to be photo identification card
A person must not possess a document that resembles a photo identification card and is calculated to deceive someone.
Maximum penalty—40 penalty units.
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.
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.
s 25 amd 2017 No. 25 s 24
(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.
(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.
(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.
pt.4
Photo identification register
Photo identification register
sec.26
Chief executive must maintain a register
sec.26 Chief executive must maintain a register
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.
The chief executive may also record in the register any other information the chief executive reasonably considers appropriate for this Act.
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.
s 26 amd 2015 No. 14 s 6 ; 2017 No. 25 s 26
(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.
(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.
(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.
(a) the holder’s customer number;
(b) the holder’s full name;
(c) the holder’s residential address;
(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;
(e) the holder’s date of birth;
(f) the holder’s sex;
(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.
(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.
(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.
sec.27
Form of photo identification register
sec.27 Form of photo identification register
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.
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 .
s 27 amd 2017 No. 25 s 27
(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.
(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 .
(a) a computer database;
(b) a documentary form;
(c) another form the chief executive considers appropriate.
sec.28
Amending photo identification register
sec.28 Amending photo identification register
The 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—
correct an error in it; or
include information missing from it; or
update the information in it.
s 28 sub 2017 No. 25 s 28
(a) correct an error in it; or
(b) include information missing from it; or
(c) update the information in it.
sec.29
Inquiry into accuracy etc. of details in photo identification register
sec.29 Inquiry into accuracy etc. of details in photo identification register
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.
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.
The date stated in the notice must be at least 28 days after the notice is given to the holder.
The holder must comply with the notice, unless the holder has a reasonable excuse.
Maximum penalty for subsection (4) —20 penalty units.
s 29 amd 2017 No. 25 s 29
(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.
(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.
(sec.29-ssec.3) The date stated in the notice must be at least 28 days after the notice is given to the holder.
(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.
sec.30
Restricted written release of information in photo identification register
sec.30 Restricted written release of information in photo identification register
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.
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.
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) .
s 30 amd 2010 No. 13 s 50 ; 2011 No. 12 s 4 ; 2015 No. 14 s 7 ; 2017 No. 25 s 30
(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.
(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.
(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) .
(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.
(i) the person; or
(ii) with the person’s written consent—another entity; or
(b) the commissioner of the police service for the purpose of any function of the commissioner or any function of the police service; or
(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.
(i) the person; or
(ii) with the person’s written consent—another entity; or
(a) the person produces the card to the entity as proof of the person’s identity; and
(b) the entity applies for the information; and Note— See part 5 for requirements about the application.
(c) the information is necessary to verify the validity of the card.
sec.30A
Restricted oral release of information in photo identification register
sec.30A Restricted oral release of information in photo identification register
The chief executive may orally release, to a person, information kept in the photo identification register about the person’s photo identification card.
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.
s 30A ins 2011 No. 12 s 5
amd 2017 No. 25 s 31
(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.
(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.
pt.5
Requirements for particular applications and notices
Requirements for particular applications and notices
sec.31
Definitions for part
sec.31 Definitions for part
In this part—
application means an application made under section 8 , 18 or 30 (1) (a) or (2) (b) .
information includes a document.
notification means a notice required under section 16 or 19 (2) .
s 31 prev s 31 sub 2010 No. 13 s 51
om 2015 No. 14 s 8
pres s 31 ins 2017 No. 25 s 32
sec.31A
Section sec.31A
s 31A ins 2010 No. 13 s 51
om 2015 No. 14 s 8
sec.32
Chief executive may publish a notice about applications or notifications
sec.32 Chief executive may publish a notice about applications or notifications
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.
A notice under subsection (1) (a) may include requirements for making an application or giving a notification in the approved way.
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
This section applies whether or not there is an approved form for making the application or giving the notification.
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.
s 32 prev s 32 amd 2010 No. 13 s 52
om 2015 No. 14 s 8
pres s 32 ins 2017 No. 25 s 32
amd 2020 No. 21 s 24
(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.
(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.
(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
(sec.32-ssec.4) This section applies whether or not there is an approved form for making the application or giving the notification.
(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.
(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
(b) require stated information to be given in or with an application or notification.
(a) the chief executive to decide the application or consider the notification; or
(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
• irrelevant personal information
• relevant personal information if the provision of the information would be excessively intrusive to personal privacy
• irrelevant personal information
• relevant personal information if the provision of the information would be excessively intrusive to personal privacy
(a) administered by the department; and
(b) with a URL that contains qld.gov.au.
sec.33
How applications or notifications must be made or given
sec.33 How applications or notifications must be made or given
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.
An application or notification must include any information required under section 32 (1) (b) .
Subsection (2) does not limit another provision of this Act that requires an application or notification to include, or be accompanied by, particular information.
s 33 prev s 33 amd 2010 No. 13 s 53
om 2015 No. 14 s 8
pres s 33 ins 2017 No. 25 s 32
(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.
(sec.33-ssec.2) An application or notification must include any information required under section 32 (1) (b) .
(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.
(a) if there is an approved form for the application or notification—in that form; or
(b) if there is an approved way under section 32 (1) (a) for making the application or giving the notification—in that way; or
(c) otherwise—in writing.
sec.34
Chief executive may request further information for application
sec.34 Chief executive may request further information for application
The chief executive may give an applicant a written notice asking for further information that the chief executive reasonably needs to decide an application.
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.
If the notice does not state a way in which the information must be given, the information must be given in writing.
If the applicant does not comply with the notice, the chief executive may give the applicant a further notice cancelling the application.
A notice cancelling the application has effect on the day it is given to the applicant or a later day stated in it.
s 34 prev s 34 om 2015 No. 14 s 8
pres s 34 ins 2017 No. 25 s 32
(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.
(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.
(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.
(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.
(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.
(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
(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
(b) may state a way in which the information must be given.
(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
sec.35
Section sec.35
s 35 om 2010 No. 19 s 184
sec.36
Section sec.36
s 36 amd 2010 No. 19 ss 185 , 186 ; 2014 No. 43 s 4
om 2015 No. 14 s 8
sec.37
Section sec.37
s 37 sub 2010 No. 13 s 54
om 2015 No. 14 s 8
sec.38
Section sec.38
s 38 om 2015 No. 14 s 8
pt.6
Review of decisions
Review of decisions
sec.39
Internal review of decisions
sec.39 Internal review of decisions
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.
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.
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.
s 39 amd 2009 No. 24 s 1700 ; 2017 No. 25 s 33
(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.
(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.
(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.
(a) a decision to refuse to issue a photo identification card;
(b) a decision to cancel a photo identification card.
(a) applies to the review; and
(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.
(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.
(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.
sec.40
External review of decisions
sec.40 External review of decisions
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.
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.
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 .
s 40 sub 2009 No. 24 s 1701
(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.
(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.
(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 .
pt.7
Legal proceedings
Legal proceedings
sec.41
Application of pt 7
sec.41 Application of pt 7
This part applies to a proceeding under this Act.
sec.42
Evidence from photo identification register
sec.42 Evidence from photo identification register
A certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter—
a stated document is the photo identification register, a part of the register, or an extract from the register;
a stated document is a copy of the register, part or extract mentioned in paragraph (a) ;
on a stated day, or for a stated period, a stated person was or was not the holder of a valid photo identification card;
on a stated day, a stated person’s photo identification card expired, or was surrendered or cancelled.
s 42 amd 2017 No. 25 s 34
(a) a stated document is the photo identification register, a part of the register, or an extract from the register;
(b) a stated document is a copy of the register, part or extract mentioned in paragraph (a) ;
(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;
(d) on a stated day, a stated person’s photo identification card expired, or was surrendered or cancelled.
sec.43
Proof of appointment and authority unnecessary
sec.43 Proof of appointment and authority unnecessary
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.
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.
(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.
(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.
(a) the appointment of the chief executive;
(b) the authority of the chief executive to do anything under this Act.
sec.44
Proof of signature unnecessary
sec.44 Proof of signature unnecessary
A signature purporting to be the signature of the chief executive is evidence of the signature it purports to be.
sec.45
Proceedings for offences
sec.45 Proceedings for offences
A proceeding for an offence against this Act is to be taken in a summary way under the Justices Act 1886 .
pt.8
Miscellaneous
Miscellaneous
sec.46
Confidentiality
sec.46 Confidentiality
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.
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.
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.
(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.
(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.
(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.
(a) through involvement in the administration of this Act; or
(b) because of an opportunity provided by the involvement.
(a) in the discharge of a function under this Act; or
(b) if it is authorised— (i) under another Act or a regulation; or (ii) by the person to whom the information relates; or
(i) under another Act or a regulation; or
(ii) by the person to whom the information relates; or
(c) in a proceeding before a court or tribunal in which the information is relevant.
(i) under another Act or a regulation; or
(ii) by the person to whom the information relates; or
(a) intentionally or recklessly disclose the information; or
(b) allow access to the information.
sec.47
Protection from liability
sec.47 Protection from liability
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.
A relevant person is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.
If subsection (2) prevents civil liability attaching to a relevant person, the liability attaches instead to the State.
(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.
(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.
(sec.47-ssec.3) If subsection (2) prevents civil liability attaching to a relevant person, the liability attaches instead to the State.
(a) the chief executive;
(b) a person authorised by the chief executive to do something under this Act.
sec.47A
Keeping and using information obtained or kept under this Act or particular transport Acts
sec.47A Keeping and using information obtained or kept under this Act or particular transport Acts
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.
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.
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 .
Information that may be kept or used under subsection (1) , (2) or (3) does not include a digital photo and digitised signature.
This section applies despite a provision of this or another Act.
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 .
s 47A ins 2010 No. 13 s 55
amd 2020 No. 21 s 25 ; 2023 No. 28 s 185
(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.
(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.
(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 .
(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.
(sec.47A-ssec.5) This section applies despite a provision of this or another Act.
(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 .
(a) relates to any matter under this Act; or
(b) concerns the administration of this Act.
(a) relates to any matter under the particular transport Act; or
(b) concerns the administration of the particular transport Act.
(a) relates to any matter under the Transport Operations (Marine Safety) Act 1994 ; or
(b) concerns the administration of the Transport Operations (Marine Safety) Act 1994 .
(a) the Tow Truck Act 2023 ;
(b) the Transport Infrastructure Act 1994 ;
(c) the Transport Operations (Marine Safety) Act 1994 ;
(d) the Transport Operations (Passenger Transport) Act 1994 ;
(e) the Transport Operations (Road Use Management) Act 1995 ;
(f) the Transport Planning and Coordination Act 1994 ;
(g) the Transport Security (Counter-Terrorism) Act 2008 .
sec.48
Approved forms
sec.48 Approved forms
The chief executive may approve forms for use under this Act.
sec.49
Regulation-making power
sec.49 Regulation-making power
The Governor in Council may make regulations under this Act.
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.
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.
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.
s 49 amd 2009 No. 24 s 1702 ; 2010 No. 13 s 56 ; 2017 No. 25 s 35
(sec.49-ssec.1) The Governor in Council may make regulations under this Act.
(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.
(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.
(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.
(a) impose a penalty of not more than 20 penalty units for a contravention of a provision of the regulation;
(b) subject to subsection (3) , prescribe fees payable under this Act and the matters for which fees are payable;
(c) provide for the review of decisions made under the regulation.
pt.9
Transitional provisions
Transitional provisions
pt.9-div.1
Transitional provision for Holidays and Other Legislation Amendment Act 2015
Transitional provision for Holidays and Other Legislation Amendment Act 2015
sec.50
Digital photos and digitised signatures
sec.50 Digital photos and digitised signatures
A 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.
s 50 ins 2015 No. 14 s 9
pt.9-div.2
Transitional provisions for Transport and Other Legislation Amendment Act 2017
Transitional provisions for Transport and Other Legislation Amendment Act 2017
sec.51
Definitions for part
sec.51 Definitions for part
In this part—
adult proof of age card means an adult proof of age card under the pre-amended Act.
amended , for a provision of this Act, means the provision as in force after the commencement.
APA register means the APA register under the pre-amended Act.
pre-amended Act means this Act as in force before the commencement.
s 51 ins 2017 No. 25 s 38
sec.52
Existing adult proof of age cards
sec.52 Existing adult proof of age cards
An adult proof of age card in force immediately before the commencement continues in force as a photo identification card.
s 52 ins 2017 No. 25 s 38
sec.53
Existing applications for new adult proof of age cards
sec.53 Existing applications for new adult proof of age cards
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.
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.
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.
s 53 ins 2017 No. 25 s 38
(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.
(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.
(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.
(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
(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
(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.
(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
sec.54
Replacement of adult proof of age cards
sec.54 Replacement of adult proof of age cards
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.
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.
Subsection (2) applies whether the chief executive received the person’s adult proof of age card before or after the commencement.
s 54 ins 2017 No. 25 s 38
(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.
(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.
(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.
(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
(b) immediately before the commencement, had not replaced the card under that section.
(a) subject to paragraph (b) —the information that was stated on the adult proof of age card; and
(b) the correct information the subject of the notice.
sec.55
Existing applications for replacement adult proof of age cards
sec.55 Existing applications for replacement adult proof of age cards
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.
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.
s 55 ins 2017 No. 25 s 38
(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.
(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.
(a) an application for a replacement adult proof of age card was validly made under section 18 of the pre-amended Act; and
(b) immediately before the commencement, the chief executive had not issued a replacement adult proof of age card under that section.
(a) subject to paragraph (b)—the information that was stated on the adult proof of age card the subject of the application; and
(b) if the application was made because information stated on the adult proof of age card was incorrect—the correct information.
sec.56
Particular information taken to be contained in photo identification register
sec.56 Particular information taken to be contained in photo identification register
Information 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.
s 56 ins 2017 No. 25 s 38
sec.57
Existing inquiries into accuracy etc. of details in APA register
sec.57 Existing inquiries into accuracy etc. of details in APA register
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.
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.
s 57 ins 2017 No. 25 s 38
(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.
(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.
(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
(b) immediately before the commencement, the holder had not complied with the notice.
sec.58
Existing applications for particular information
sec.58 Existing applications for particular information
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.
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.
s 58 ins 2017 No. 25 s 38
(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.
(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.
sec.59
Existing applications for review
sec.59 Existing applications for review
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.
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.
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.
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.
s 59 ins 2017 No. 25 s 38
(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.
(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.
(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.
(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.
(a) a person asked the chief executive to review an original decision under section 39(1) of the pre-amended Act; and
(b) immediately before the commencement, the chief executive had not decided the review.
(a) the original decision was made under the Act as in force after the commencement; and
(b) the person asked the chief executive to review the decision under amended section 39(1).
(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
(b) the period within which the applicant could have applied to QCAT for a review of the decision had not expired.
(a) the reviewed decision was made under the Act as in force after the commencement; and
(b) the chief executive gave the person a QCAT information notice under section 40(1) as in force after the commencement.
sec.60
Existing legal proceedings
sec.60 Existing legal proceedings
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.
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.
s 60 ins 2017 No. 25 s 38
(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.
(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.
(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
(i) under the amended provision; and
(ii) in relation to the person’s photo identification card; and
(b) this Act as in force after the commencement is taken to apply.
(i) under the amended provision; and
(ii) in relation to the person’s photo identification card; and
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Photo Identification Card Act 2008 .
s 1 amd 2017 No. 25 s 5
sec.2 Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.3 Object of Act
sec.3 Object of Act
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.
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
(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.
(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
(a) on which information may be stored electronically; and
(b) that may be used by a person as identification of the person’s age.
sec.4 Definitions
sec.4 Definitions
The dictionary in the schedule defines particular words used in this Act.
pt.2 Photo identification card
Photo identification card
pt.2-div.1 Preliminary
Preliminary
sec.5 What is a photo identification card
sec.5 What is a photo identification card
A photo identification card is a proof of age card issued under this Act—
that states a person is at least 15 years; and
on which information may be stored electronically.
s 5 sub 2010 No. 13 s 44 ; 2017 No. 25 s 8
(a) that states a person is at least 15 years; and
(b) on which information may be stored electronically.
sec.6 Card is property of the State
sec.6 Card is property of the State
A photo identification card is and remains the property of the State.
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.
The State is not legally liable for an act or omission relating to the keeping or use of the photo identification card.
s 6 amd 2010 No. 13 s 45 ; 2017 No. 25 s 9
(sec.6-ssec.1) A photo identification card is and remains the property of the State.
(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.
(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.
creates protections for officials and delegates from civil liability where acts or omissions are honest and not negligent, with liability transferring to the State in such cases (s 47);
authorises the Governor in Council to make regulations about fees, penalties, PIN security for electronic data and other matters relevant to administration (s 49);
contains provisions enabling use of electronic means and departmental website notices for application processes (s 32-33), and transitional provisions that convert pre‑existing adult proof of age cards and related registers into the new scheme (Pt 9, ss 50-60).
The Act states its object explicitly: 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, and to ensure integrity by requiring the chief executive to establish identity before issuance (s 3). The statutory mechanics implement that object by prescribing eligibility, evidence requirements, a register, processes for correction and cancellation, confidentiality and sanctions. The Act therefore centralises issuance and recordkeeping with the chief executive, reserves ownership of the physical cards to the State (s 6), and creates both criminal and administrative levers intended to protect the card’s integrity (see s 14-15; s 21-25; s 46).
The official rationale in s 3 is limited to integrity and the capacity to store information electronically. The Act supplies the instruments to pursue that aim: identity checks at application (s 11), a register with defined fields (s 26), statutory offences for false documents and possession/use of cards (s 22-25), confidentiality protection (s 46) and the ability to share register information in tightly circumscribed circumstances (s 30, s 30A). The remaining provisions establish administrative formality (approved forms, website notices, further information requests, s 32-34) and dispute resolution pathways (internal review and QCAT, s 39-40).
Mechanically, who pays and who decides is concentrated: applicants pay the prescribed fee (s 8) unless regulation provides otherwise and the chief executive decides grant, replacement and cancellation matters subject to review rights (s 11-12; s 17-18; s 15; s 39-40). The State owns the card (s 6) and may record and share register information within statutory limits (s 26; s 30-30A; s 47A for sharing between transport Acts). The regulation‑making power (s 49) allows the Governor in Council to fix fees and fines (with express constraints, s 49(3)). The Act sets out timeframes for procedural fairness (28 days to respond to show cause or to provide requested information, s 15(1), s 34(2)) and for surrender/return (at least 14 days, s 15(4)).
The following sections unpack the Act’s main concepts, the practical effect of the duties, rights and prohibitions, enforcement architecture, interactions with other statutes referenced in the text, amendments recorded in the text, the litigation avenues the Act creates or references, implementation pitfalls, and practical compliance steps with specific section citations.
Main concepts
Core statutory concepts and their operation are:
Photo identification card: defined functionally as a proof of age card that states a person is at least 15 years and on which information may be stored electronically (s 5). That definition shapes both eligibility and the card’s legal purpose; it does not label the card as exclusively for adult proof of age, rather it affirms a minimum age statement (15+).
Eligibility: an "eligible person" must ordinarily reside in Queensland and be at least 15 (s 7). The residence requirement links access to the scheme to Queensland residency, concentrating issuance and register entries in the State’s control.
State ownership and State liability statements: the physical card is the property of the State and remains so (s 6(1)). Subsection 6(2) confirms that state ownership continues even where third parties have rights to use or place information on the card. Subsection 6(3) states "The State is not legally liable for an act or omission relating to the keeping or use of the photo identification card." That provision must be read alongside s 47 which protects relevant persons (chief executive and authorised persons) from civil liability for honest, non‑negligent acts, and provides that if s 47 removes liability from a relevant person, the liability attaches to the State (s 47(3)).
Chief executive as the central decision‑maker: application receipt, grant/refusal, cancellation, replacement and register maintenance responsibilities are vested in the chief executive (see ss 8, 11-12, 14-19, 26-29). The chief executive may also delegate or authorise others (the protections in s 47 apply to persons authorised by the chief executive).
Photo identification register: required fields are specified (customer number, full name, residential address, date of birth, sex, issue and expiry dates, replacement dates) and the chief executive may record additional information reasonably considered appropriate (s 26). The register can be partly or wholly electronic, documentary or another format (s 27), and may be part of the Transport Operations (Road Use Management) Act 1995 register (s 27(2)).
Release of register information is restricted and conditional: written release to the person or, with the person's written consent, to another entity; release to the commissioner of the police service for a policing function; release to an issuer of proof of age cards in other jurisdictions where relevant to issuance; and release to an entity where the person produces the card and the entity applies and the information is necessary to verify validity (s 30). Before written release to an entity under s 30(1)(c) the chief executive must be satisfied that subsequent release by that person will be limited to similar circumstances (s 30(3)). Oral release is available against personal identity verification measures (s 30A).
Confidentiality and scope of protected information: s 46 prohibits disclosure, recording or use of information gained through administration or opportunities from involvement, with a maximum penalty of 200 penalty units. The definition of "information" includes a digital photo and digitised signature; s 47A then sets out specific cross‑use provisions with particular transport Acts but expressly excludes digital photos and digitised signatures from being kept or used under those cross‑use permissions (s 47A(4)).
Procedural fairness: the Act sets particular notice and response periods. For cancellation where a card was obtained by false or misleading material, the holder must be given a written show‑cause notice with at least 28 days to respond (s 15(1)). For register accuracy inquiries, the holder must be given at least 28 days to supply further information (s 29(3)). The chief executive may request further information for an application, giving at least 28 days (s 34(2)).
Sanctions and criminal offences: the Act criminalises wilful damage to cards, knowingly giving false or misleading documents, wrongful dealing with documents that could be used to obtain a card for someone else, possessing another’s card without reasonable excuse, giving one’s card to someone who will deceive, possessing or distributing documents resembling a card and calculated to deceive, and breaches of confidentiality (ss 21-25, 46; proofs and evidentiary aids in s 23A, s 42). Penalties are expressed in penalty units and vary by offence (commonly 40 penalty units; confidentiality breaches up to 200 penalty units).
Administrative regulation and delegated detail: the Act relegates form, procedural detail and some operational requirements to approved forms and departmental website notices (ss 32, 33, 48) and gives the Governor in Council regulation‑making power over fees, penalties (up to 20 penalty units), and certain security measures (including a PIN for electronic data) (s 49).
Each of these concepts structures incentives and constraints. For example, making the card State property and centralising the register with the chief executive concentrates control and enforcement capacity in government hands (ss 6, 26). The register’s specified fields (s 26) standardise data capture and support verification processes, but also create a fixed set of personal data the State records and, in narrow circumstances, may release (s 30). The Act balances accessibility by allowing written and oral release routes for persons and authorised entities (s 30-30A) with confidentiality protections (s 46) and limits on cross‑use of biometric images (s 47A(4)).
The Act also explicitly distinguishes certain public actors from criminal liability under Division 2 offences; the chief executive, the commissioner of the police service and police officers are excluded from that Division when acting in functions under this or another Act (s 20). That carve‑out affects enforcement behaviour and agency discretion at the point of interaction with cards and documents.
Who it affects
The Act assigns clear roles and affects specific groups in identifiable ways:
Applicants and card holders: individuals who ordinarily reside in Queensland and are at least 15 years old (s 7) are the primary affected group. They must supply documentary proof of identity and pay the prescribed fee on application (s 8), may be required to provide further information at 28 days’ notice (s 34), and must comply with reporting requirements if their card is damaged, lost or stolen (s 19). Holders must surrender or return cards when directed as part of a cancellation (s 15(4)) or replacement (s 17-18). Holders also have rights: a decision to refuse issue or to cancel may be internally reviewed and externally reviewed to QCAT (s 39-40).
The chief executive and authorised delegates: the Act vests core administrative and discretionary powers in the chief executive: issue, refusal, cancellation, replacement, register maintenance and release of information (s 11-12; s 14-19; s 26-30). The chief executive may also publish website notices to approve forms and ways of applying and require specified information (s 32) and may request further information from applicants (s 34). Persons authorised by the chief executive to act under the Act are also covered by liability protections in s 47.
State as owner: the State is the legal owner of the cards (s 6). That has implications for custody, recovery, and disposal of cards and for liabilities. The statute states the State is not legally liable for acts or omissions relating to keeping or using the card (s 6(3)), but this interacts with s 47 which reallocates civil liability where relevant persons are protected.
Entities that verify identity or accept the card as proof of age: private businesses that accept the card as proof of age (for purchase of alcohol, entry to licensed venues, etc.) will be affected operationally by the register release rules (s 30). An entity may apply for written verification of a card where the person produces the card and the information is necessary to verify validity (s 30(2)(a)-(b)), but the chief executive must be satisfied the entity will limit use of released information (s 30(3)). Entities must avoid receiving or possessing another person’s card without reasonable excuse (s 24).
Law enforcement and other public authorities: the commissioner of the police service and police officers are excluded from Division 2 offences when acting under this or another Act (s 20). The commissioner may receive register information for police functions (s 30(1)(b)). The Act also provides that certificates from the chief executive are admissible evidence about register contents (s 42), and that proceedings under the Act are summary proceedings under the Justices Act (s 45).
Inter‑jurisdictional proof‑of‑age issuers: the Act contemplates information sharing with persons issuing proof of age cards under Commonwealth or other State laws for the purposes of issuing such cards (s 30(1)(c)). The transitional provisions (Pt 9) specifically address pre‑existing "adult proof of age cards" and the APA register, converting them into the photo identification card scheme (ss 50-60).
Employees and contractors involved in administration: confidentiality obligations in s 46 apply to any person who gains information through involvement in the administration of the Act or an opportunity provided by the involvement. That includes staff and contractors. The maximum penalty for unauthorised disclosure is substantial (200 penalty units).
Transport agencies and specified transport Acts: s 47A allows information obtained under this Act to be kept or used for particular transport Acts and vice versa, except digital photos and digitised signatures are excluded from that cross‑use (s 47A(4)). The specified list of "particular transport Act" is in s 47A(6) and includes, for example, the Transport Operations (Road Use Management) Act 1995 and the Transport Operations (Marine Safety) Act 1994, and is extended in the text to include more recent Acts (Tow Truck Act 2023, etc.).
Judicial and tribunal users: courts and QCAT are users of evidence and review mechanisms. The Act gives an applicant the right to a statement of reasons for decisions (s 39(2)) and links internal review procedures to the Transport Planning and Coordination Act 1994 part 5 division 2 (s 39(3)), and external review to QCAT (s 40).
Concentrated decision‑making power sits with the chief executive and authorised delegates (ss 11, 26, 30). Applicants and holders bear the compliance burden of proving identity, meeting documentary and fee requirements (s 8) and of responding to requests and directions (s 15, s 34, s 29). Entities that rely on the card for verification must work with the chief executive for register checks where needed and must ensure any personal data obtained is used only for permitted purposes (s 30(3)). Employees and administrators face a high compliance burden for confidentiality (s 46) and civil liability protections restrict individual exposure but shift ultimate responsibility to the State in certain circumstances (s 47).
Key duties and rights
This section summarises statutory duties imposed on officials, applicants, holders and third parties, and the rights given to them. Citations are provided to the exact provisions.
Duties imposed on the chief executive and public authorities
Establish identity before issuing a card. The object requires the chief executive to establish a person’s identity before issuing a card (s 3). The application process requires documentary proof of identity and eligibility (s 8) and the chief executive may request further information reasonably needed to decide an application (s 34).
Consider and decide applications and issue/ refuse cards. The chief executive must consider every application and either grant or refuse it (s 11(1)). The chief executive may only grant if satisfied of the applicant’s identity, eligibility and payment of prescribed fee (s 11(2)). If refusing, the chief executive must serve an information notice (s 11(3)).
Maintain a register with specified fields. The chief executive must maintain the photo identification register, containing the fields listed in s 26 and may record other information reasonably appropriate (s 26(1)-(2)). The register can be electronic or documentary (s 27).
Release and verify register information in restricted circumstances. The chief executive may release register information in writing to the person, to another entity with written consent, to the police commissioner for policing functions, and to certain interstate/ Commonwealth proof‑of‑age issuers (s 30(1)). The chief executive may also release written information to an entity where the person produces the card and the information is necessary to verify validity (s 30(2)), and must be satisfied the entity will limit any further release (s 30(3)). Oral release is permitted to the person where identity is verified through questions or documents (s 30A).
Conduct inquiries into register accuracy and require documents. The chief executive may give notice requiring the holder to provide further information or documents where the record is believed inaccurate, incomplete or misleading, with at least 28 days to respond (s 29).
Follow cancellation procedure and give opportunities to be heard. For cancellation where the card was obtained by false or misleading material, the chief executive must give a written show‑cause notice (outlining grounds and facts) and at least 28 days to respond, consider written representations, and then give an information notice if cancelling (s 15(1)-(3)). A direction to return the card must allow at least 14 days (s 15(4)).
Duties and obligations of applicants and card holders
Provide documentary proof and pay the prescribed fee on application. Applications must be accompanied by documentary proof of identity and eligibility and the prescribed fee (s 8).
Respond to requests for further information. Applicants must comply with a written request for information that is reasonably required, with at least 28 days’ notice (s 34), or risk cancellation of the application (s 34(4)-(5)).
Notify loss, damage or theft and return originals when replacements are issued. Holders must notify the chief executive as soon as practicable if their card is damaged, lost or stolen (s 19(2)). If an original card returns to possession after replacement has been issued, the holder must return the original card (s 19(3)). Failure to notify or return attracts penalties (s 19).
Comply with directions to return cards. If the chief executive decides to cancel the card, a holder directed to return the card must comply unless they have a reasonable excuse (s 15(4)-(5)). Noncompliance is an offence with a 20 penalty unit maximum (s 15(5)).
Use reasonable care with cards. Holders must not wilfully damage their card (s 21) and must not give their card to others if they know or ought to know the recipient will use it to deceive (s 24(2)).
Rights of applicants and holders
Right to review and reasons. A person affected by a refusal to issue or a cancellation may ask the chief executive to review the decision; they are entitled to a statement of reasons and may seek external review by QCAT (s 39). The internal review process follows Transport Planning and Coordination Act 1994 part 5 division 2 procedures (s 39(3)); if the reviewed decision is not the result sought, a QCAT information notice must be issued to enable QCAT review (s 40).
Replacement and correction. If information on a valid card is incorrect, or the card is lost, stolen or damaged, the holder may apply for a replacement (s 18). If the chief executive caused an error (s 17(1)), the chief executive must require return and issue a replacement stating the correct information (s 17(5)).
Access to one’s own register information. The chief executive may release register information in writing or orally to the person whose information is in the register, subject to identity verification (s 30(1)(a); s 30A).
Duties and offences that affect third parties and entities
Restrictions on giving or handling documents. It is an offence to give documents that are, or contain evidence of age, if you know or ought to know the document may be used to obtain a card for someone else, or to give documents containing false or misleading information if you know the other person intends to use them to obtain a card (s 23(1)-(2)). It is also an offence to supply the chief executive documents known to be false or misleading in a material particular (s 22).
Possession and distribution prohibitions. A person must not possess another person’s card without reasonable excuse (s 24(1)); must not possess or give documents resembling a photo identification card and calculated to deceive (s 25(1)-(2)).
Regulatory compliance for entities seeking verification. If an entity asks the chief executive for verification of a card when the person produced the card and the information is necessary to verify validity, the chief executive may release relevant register information in writing, but only where satisfied usage will be limited (s 30(2)-(3)). Entities must ensure use is necessary and limited accordingly.
Confidentiality and information handling duties
Strict confidentiality obligations: persons involved in administering the Act must not disclose, record or use information gained through administration, with limited exceptions (in discharge of functions, authorised by another Act or regulation, by the person to whom the information relates, or in legal proceedings) (s 46(1)-(2)). "Information" expressly includes a digital photo and digitised signature (s 46(3)).
Cross‑use with transport Acts: the chief executive may keep or use information obtained under this Act for matters under specified transport Acts and vice versa (s 47A(1)-(3)), but digital photos and digitised signatures are excluded from that cross‑use (s 47A(4)).
Administrative discretions and procedural safeguards
Regulation and forms: the chief executive may approve forms (s 48) and publish website notices prescribing ways to make applications or notifications and specifying reasonably necessary information (s 32); an application or notification must be in the approved form/way or otherwise in writing (s 33).
Penalties and limits on fees: regulations may prescribe fees but cannot prescribe a fee for replacement where the replacement results from an error made by the chief executive (s 49(2)-(3)). The Governor in Council may also impose penalties up to 20 penalty units by regulation (s 49(2)(a)).
These duties and rights structure the administrative interaction: applicants and holders bear documentary, payment and notification burdens (ss 8, 19), the chief executive wields registration, verification, and cancellation powers (ss 11, 26, 14-15), and confidentiality obligations are strict (s 46). The Act builds in procedural safeguards of notice, opportunity to respond, and rights to review (ss 15, 34, 39-40).
Penalties and enforcement
The Act sets criminal and administrative penalties expressed in penalty units and prescribes enforcement pathways and evidentiary aids. Penalties are not stated as dollar amounts in the text provided; they are expressed as penalty units. Key provisions follow.
Range and examples of penalties
Offences with maximum 40 penalty units: wilfully damaging a photo identification card (s 21); knowingly giving the chief executive a document that contains false or misleading information in a material particular (s 22(1)); wrongful dealing with documents that could be used to obtain a card for someone else (s 23(1)-(2)); possessing another person’s photo identification card without reasonable excuse (s 24(1)); giving one’s photo identification card to another person knowing, or ought reasonably to know, they intend to use it to deceive (s 24(2)); possessing or giving a document that resembles a photo identification card and is calculated to deceive (s 25(1)-(2)). These offences commonly attract up to 40 penalty units (see ss 21-25).
Offences with maximum 20 penalty units: failing to comply with a direction to return a cancelled card (s 15(5)); failing to comply with a register‑accuracy notice (s 29(4)); failure to notify loss or damage of a card has a 20 unit maximum (s 19(2)). Regulation‑made offences can carry up to 20 penalty units under s 49(2)(a).
Confidentiality breach (serious): unauthorised disclosure, recording or use of information obtained through administration of the Act attracts a maximum penalty of 200 penalty units (s 46(1)). This is the highest civil/criminal exposure set out in the Act and covers digital photos and digitised signatures as part of "information" (s 46(3)). Exceptions allow disclosure in the discharge of Act functions, where authorised under another Act or regulation, by the person the information concerns, or in legal proceedings (s 46(2)).
Miscellaneous: other procedural non‑compliances carry penalty units as specified in individual sections (see s 19(2) 20 units, s 15(5) 20 units, s 29(4) 20 units).
Enforcement architecture and evidentiary aids
Summary proceedings: proceedings for offences under the Act are to be taken in a summary way under the Justices Act 1886 (s 45). That shapes the procedural posture,summary jurisdiction, limited evidentiary processes, and prosecution through magistrates’ courts.
Certificates and presumptions: a certificate purporting to be signed by the chief executive stating that a document is the register or an extract or that a person was or was not a holder of a valid card on specified dates is admissible as evidence of the matters stated (s 42). This simplifies evidence admissibility for prosecutions or civil matters relying on register status.
Proof of giving documents: s 23A states that, for offences under s 22 or s 23, proof that the document was given to a person authorised to receive documents for the chief executive is sufficient; the provision disregards the particular form of authorisation, streamlining prosecutions for document offences.
Presumptions about appointment/authority and signatures: s 43 presumes the appointment of the chief executive and authorisation unless a party gives prescribed notice (14 days before hearing) requesting proof. s 44 treats a signature purporting to be that of the chief executive as evidence of that signature. These provisions simplify evidentiary hurdles for actions brought under the Act.
Private enforcement, administrative sanctions and review routes
Administrative directions and compliance: the chief executive can direct holders to return cards on cancellation (s 15(4)), and can require holders to provide further information (s 29). Noncompliance is enforced via penalty units and prosecution in summary proceedings under the Justices Act (s 45).
Internal and external review: affected persons can ask the chief executive to review decisions to refuse or cancel a card (s 39). The internal review process is governed by the Transport Planning and Coordination Act 1994 part 5 division 2 (s 39(3)). If the internal review outcome is not the applicant’s desired outcome, the chief executive must issue a QCAT information notice and the applicant may apply to QCAT under the QCAT Act for external review (s 40). QCAT may stay the operation of the reviewed decision under the QCAT Act, s 22(3) (s 40(2)).
Liability protections affecting enforcement consequences: s 47 protects relevant persons (chief executive and authorised persons) from civil liability for honest, non‑negligent acts done under the Act. If s 47 prevents liability attaching to an individual, the liability attaches to the State (s 47(3)). At the same time, s 6(3) states the State is not legally liable for an act or omission relating to keeping or use of the card. These two provisions interact and must be read together when assessing civil remedies,s 47 provides a route by which liability may be reallocated to the State where applicable.
Exclusions for public officers under criminal offences: Division 2 offences do not apply to the chief executive, the commissioner of the police service or a police officer carrying out a function under this or another Act (s 20). That means certain criminal prohibitions on misuse of cards do not apply to these public officers in the performance of their functions, limiting criminal enforcement against them for lawful functions.
Practical enforcement issues
Central role of the chief executive: because the chief executive interprets and applies the register release rules (s 30), decides cancellations and replacements (ss 14-18), issues forms and website notices (ss 32-33), and provides evidentiary certificates (s 42), enforcement and verification capacity is concentrated in that office.
Heavy penalty for confidentiality breaches: the large penalty under s 46 (200 penalty units) for unauthorised disclosure of information creates a strong deterrent and a significant compliance obligation for staff, contractors and entities receiving register data.
Evidence streamlining: the certificate provisions (s 42) and proof of giving documents (s 23A) facilitate prosecutions and administrative follow‑through without calling for foundational witnesses for each register fact.
Overall, the enforcement scheme is a mix of criminal offences for fraudulent and deceptive acts, civil notice‑based compliance for register accuracy and return of cards, and administrative review with tribunal appeal rights. The statutory machinery leans on the chief executive’s office for investigation, determination and evidence supply.
How it interacts with other laws
The Act explicitly references and cross‑links with other statutes and administrative regimes. The interaction mechanisms are both procedural (reference to review pathways and registers) and substantive (information sharing and exclusions). The text supplied identifies specific Acts; the following summarises those interactions and the statutory cross‑use rules.
Judicial and tribunal review framework
Transport Planning and Coordination Act 1994: s 39(3) states that the Transport Planning and Coordination Act 1994 part 5 division 2 applies to internal reviews under s 39. That provision supplies the procedural framework for applying for internal review and allows an affected person to apply to QCAT to stay the original decision. The Act therefore borrows an established administrative review template rather than creating bespoke internal review procedures.
QCAT Act: s 40 uses the QCAT Act for external review. The chief executive must give a QCAT information notice consistent with the QCAT Act s 157(2) when a reviewed decision is not the review applicant's preferred outcome; the applicant may then apply to QCAT. The QCAT Act also permits QCAT to stay reviewed decisions (QCAT Act s 22(3), referenced in s 40(2)).
Justices Act 1886: s 45 provides that proceedings for offences under the Act are to be taken in a summary way under the Justices Act 1886, linking criminal procedure to the local magistrates’ courts framework.
Transport and registers cross‑use
Transport Operations (Road Use Management) Act 1995: 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 (s 27(2)). That raises the prospect of integration of identity data with transport driver licence registers, subject to other constraints and disclosure rules in this Act.
Particular transport Acts and information sharing (s 47A): the chief executive may keep or use information obtained or kept under this Act for the purposes of particular transport Acts (listed in s 47A(6)) and may likewise keep or use information obtained under a particular transport Act for purposes of this Act (s 47A(1)-(2)). The list includes the Tow Truck Act 2023, Transport Infrastructure Act 1994, Transport Operations (Marine Safety) Act 1994, Transport Operations (Passenger Transport) Act 1994, Transport Operations (Road Use Management) Act 1995, Transport Planning and Coordination Act 1994, and the Transport Security (Counter‑Terrorism) Act 2008 (s 47A(6)). Critically, information that may be kept or used does not include a digital photo and digitised signature (s 47A(4)).
Regulatory powers and interactions: s 49 allows the Governor in Council to make regulations under this Act, including prescribing fees and imposing penalties (up to 20 penalty units) for regulatory contraventions. Those regulations may interact with other regulatory regimes; for example, if a regulation prescribes fees for services tied to transport services or licence provision, alignment with the Transport Operations Acts may be required administratively.
Interjurisdictional proof‑of‑age and interstate cooperation
Release to interstate/Commonwealth proof‑of‑age issuers: s 30(1)(c) permits release of register information to a person who issues proof of age cards under a law of the Commonwealth or another State, where the release is for the purpose of issuing a proof of age card under that law. That creates a statutory channel for cross‑jurisdictional verification for similar proof‑of‑age systems.
Transitional handling of pre‑existing adult proof of age scheme: Part 9 contains transitional provisions converting existing adult proof of age cards and the APA register into the photo identification card scheme, allowing continuity of rights and processes during the legislative transition (ss 52-60).
Privacy and confidentiality across laws
Confidentiality obligations (s 46) operate alongside authorised disclosures "under another Act or a regulation" (s 46(2)(b)), creating an explicit avenue for information sharing where another statute authorises it. The Act also provides specific cross‑use rules with transport Acts (s 47A), showing an intention to permit certain administrative integration subject to limitations.
Digital photo and digitised signature carve‑out from cross‑use (s 47A(4)) places a specific constraint on sharing biometric or likeness data with transport Acts even though other register data may be cross‑used.
Administrative forms and departmental website notices
The chief executive may approve forms and publish departmental website notices authorising forms and ways to apply or give notifications (s 32-33), which interacts with e‑government procedures and potentially with other statutory online application frameworks in the transport portfolio.
Evidentiary cross‑use
A certificate from the chief executive is admissible to prove register contents under s 42, which allows courts and other decision‑makers under other laws to accept the register’s contents without calling administrative witnesses. That evidentiary mechanism facilitates cross‑statute use of register data in enforcement and adjudication.
Liability and immunities
s 47 protects relevant persons (chief executive and authorised persons) from civil liability for honest and non‑negligent acts done under this Act, with liability to be borne by the State if s 47 prevents liability from attaching to the individual (s 47(3)). This interacts with liability regimes under other Acts in the transport and administrative law space, potentially affecting claims against agencies arising under cross‑use or co‑operation.
Overall, the Act is drafted to operate alongside existing administrative review, tribunal and transport frameworks. It permits tightly constrained information sharing with transport Acts and interstate issuers of proof‑of‑age cards, and relies on existing administrative review and tribunal avenues (Transport Planning and Coordination Act and QCAT Act) for dispute resolution. The Act also uses evidentiary mechanisms to ensure the register’s usability across other enforcement and regulatory contexts.
Amendment history
The text supplied includes explicit amendment annotations referencing the amending instruments and years. The Act has been amended repeatedly; the text records amendments and insertions to many sections. The following lists the amendments as recorded in the text, arranged by section or topic where the text includes an amendment history note.
General enactment and commencement
s 1 (Short title) shows an amendment citation: "s 1 amd 2017 No. 25 s 5."
Objects and definitions
s 3 (Object) annotated "s 3 amd 2017 No. 25 s 6."
Card definition and property
s 5 (What is a photo identification card) annotated "s 5 sub 2010 No. 13 s 44 ; 2017 No. 25 s 8."
s 6 (Card is property of the State) annotated "s 6 amd 2010 No. 13 s 45 ; 2017 No. 25 s 9."
Eligibility and application
s 7 (Eligibility for card) annotated "s 7 amd 2010 No. 51 s 4 sub 2017 No. 25 s 10."
s 8 (Application for card) annotated "s 8 amd 2010 No. 51 s 5 sub 2017 No. 25 s 10."
s 11 (Decision on application) annotated "s 11 amd 2010 No. 13 s 47 ; 2015 No. 14 s 5 ; 2017 No. 25 s 12."
s 12 (Issue of card) annotated "s 12 amd 2010 No. 51 s 6 ; 2017 No. 25 s 13."
s 13 (Expiry of card) annotated "s 13 amd 2010 No. 13 s 48 ; 2017 No. 25 s 14."
Cancellation, replacement, loss and damage
s 14 (Grounds for cancelling card) annotated "s 14 amd 2017 No. 25 s 15."
s 15 (Procedure for cancelling card) annotated "s 15 amd 2017 No. 25 s 16."
s 16 (Surrendering card) annotated "s 16 amd 2017 No. 25 s 17."
s 17 (Chief executive may require card to be replaced) annotated "s 17 amd 2017 No. 25 s 18."
s 18 (Holder may apply for replacement card) annotated "s 18 sub 2017 No. 25 s 19."
s 19 (Damaged, lost or stolen card) annotated "s 19 amd 2017 No. 25 s 20."
Offences
s 21 (Damaging card) annotated "s 21 amd 2017 No. 25 s 21."
s 22 (False or misleading representation) annotated "s 22 amd 2017 No. 25 s 22."
s 23 (Wrongful dealing with documents relevant to obtaining card) annotated "s 23 amd 2017 No. 25 s 22."
s 23A (Proof of giving documents) inserted "s 23A ins 2010 No. 13 s 49."
s 24 (Possessing another person’s card) annotated "s 24 amd 2017 No. 25 s 23."
s 25 (Documents purporting to be photo identification card) annotated "s 25 amd 2017 No. 25 s 24."
Register and information release
s 26 (Chief executive must maintain a register) annotated "s 26 amd 2015 No. 14 s 6 ; 2017 No. 25 s 26."
s 27 (Form of photo identification register) annotated "s 27 amd 2017 No. 25 s 27."
s 28 (Amending photo identification register) annotated "s 28 sub 2017 No. 25 s 28."
s 29 (Inquiry into accuracy etc.) annotated "s 29 amd 2017 No. 25 s 29."
s 30 (Restricted written release) annotated "s 30 amd 2010 No. 13 s 50 ; 2011 No. 12 s 4 ; 2015 No. 14 s 7 ; 2017 No. 25 s 30."
s 30A (Restricted oral release) inserted "s 30A ins 2011 No. 12 s 5 amd 2017 No. 25 s 31."
Administrative forms, notices and procedures
s 31 (Definitions for part) shows prior and present versions with insertions and omissions; the present s 31 was inserted by "2017 No. 25 s 32."
s 32 (Chief executive may publish a notice about applications or notifications) annotated "s 32 prev s 32 amd 2010 No. 13 s 52 pres s 32 ins 2017 No. 25 s 32 amd 2020 No. 21 s 24."
s 33 (How applications or notifications must be made or given) annotated "s 33 prev s 33 amd 2010 No. 13 s 53 pres s 33 ins 2017 No. 25 s 32."
s 34 (Chief executive may request further information) annotated "s 34 prev s 34 om 2015 No. 14 s 8 pres s 34 ins 2017 No. 25 s 32."
Review, evidence and proceedings
s 39 (Internal review) annotated "s 39 amd 2009 No. 24 s 1700 ; 2017 No. 25 s 33."
s 40 (External review) has a 2009 amendment note "sub 2009 No. 24 s 1701."
s 42 (Evidence from photo identification register) annotated "s 42 amd 2017 No. 25 s 34."
s 45 (Proceedings for offences) references the Justices Act and shows amendment notes elsewhere.
Miscellaneous and information sharing
s 46 (Confidentiality) no amendment footnote recorded in the supplied text beyond content.
s 47 (Protection from liability) no amendment footnote recorded in the supplied text beyond content.
s 47A (Keeping and using information obtained or kept under this Act or particular transport Acts) inserted "s 47A ins 2010 No. 13 s 55 amd 2020 No. 21 s 25 ; 2023 No. 28 s 185."
s 48 (Approved forms) no amendment note in the supplied text beyond content.
s 49 (Regulation-making power) annotated "s 49 amd 2009 No. 24 s 1702 ; 2010 No. 13 s 56 ; 2017 No. 25 s 35."
Transitional provisions (Transport and Other Legislation Amendment Act 2017 and other amendments)
Part 9 (Transitional provisions) contains multiple inserts and is annotated "s 50 ins 2015 No. 14 s 9" for digital photos and digitised signatures; and ss 51-60 are inserted "s 51 ins 2017 No. 25 s 38" detailing the transition from the pre‑amended adult proof of age scheme to the current photo identification card framework.
The amendment notes in the supplied text identify multiple amendment instruments and years (notably 2009, 2010, 2011, 2015, 2017, 2020 and 2023). The transitional provisions (Pt 9) record the conversion of the pre‑amended "adult proof of age" scheme to the amended "photo identification card" scheme and continuation of various applications, cards and registers into the new regime (ss 52-60).
The Act as presented therefore is the product of iterative reform: expansions to allow electronic storage and digital photos, tighter confidentiality rules, register integration with transport registers, oral verification processes, and clarifications about forms and online application processes (s 32), together with recent additions to the list of transport Acts that may cross‑use information (s 47A). The text’s annotations are the only source‑grounded amendment history in this document; the list above summarises those internal annotations without adding external legislative history not contained in the supplied text.
Litigation history
The provided text contains no decisions, case citations or reported litigation directly linked to the Photo Identification Card Act 2008. The statute references review and appeal routes (internal review using the Transport Planning and Coordination Act 1994 part 5 division 2 procedures, and external review by QCAT via the QCAT Act,ss 39-40), and it designates criminal proceedings to be summary proceedings under the Justices Act 1886 (s 45). These references establish the procedural pathways for challenge and adjudication but do not, in the material supplied, include or cite any decided cases.
What the text does provide that is relevant to litigation and evidentiary practice
Evidence from the register: a certificate purporting to be signed by the chief executive stating register matters is admissible as evidence of those matters (s 42). That provision simplifies judicial proof in proceedings concerning card status or register entries and may influence how litigants frame relevant evidence.
Presumptions that streamline procedure: s 43 provides that the appointment and authority of the chief executive need not be proved except on prescribed notice, and s 44 treats a signature purporting to be the chief executive’s as admissible evidence. Those presumptions reduce the documentary proof burden in proceedings under the Act.
QCAT and internal review references: ss 39-40 set out routes for administrative law challenges and tribunal review, and the chief executive must provide QCAT information notices where required (s 40(1)). QCAT may stay reviewed decisions (s 40(2)). These procedural references give litigants the practical routes to contest decisions but are not decisions themselves.
Proof of document delivery: s 23A simplifies proof in offences concerning giving documents to the chief executive by permitting proof that the document was given to an authorised person, without requiring proof of specific delegation mechanisms.
Absence of case law in the supplied text means practitioners relying on this document should treat litigation issues as procedural and statutory matters governed by the Act’s review provisions and by the tribunal and court rules that apply to QCAT and summary proceedings. Where case law is desired for interpretive guidance (for example, on the limits of "reasonable excuse", the scope of "reasonably necessary" information under s 32(3), the content and limits of confidentiality in s 46, or the interplay between s 6(3) and s 47(3) concerning State liability), the provided statute text offers the statutory hooks but no adjudicated interpretations. To understand contested points of law, practitioners should search for QCAT or court decisions applying these sections, using the statutory framework set out here as the starting point.
Given the Act’s built‑in routes for administrative review and tribunals, practitioners can expect disputes over cancellation, refusal to issue, and information disclosure to proceed first by internal review (s 39) and then to QCAT (s 40). For criminal enforcement under the Act, prosecutions will follow summary procedures under the Justices Act (s 45). The supplied material does not include recorded outcomes from those avenues.
Gotchas
This section flags concrete drafting features, procedural traps and practical ambiguities in the statute text that are likely to cause operational snares or contested points in practice. Each point references the relevant section(s).
Card is property of the State but State not liable,tension with s 47
s 6(1) states the card "is and remains the property of the State." s 6(3) states "The State is not legally liable for an act or omission relating to the keeping or use of the photo identification card." At the same time s 47(2) shields relevant persons (chief executive and authorised persons) from civil liability for honest, non‑negligent acts and s 47(3) provides that if s 47 prevents liability attaching to a relevant person, the liability attaches instead to the State. Practitioners should note that s 6(3) and s 47(3) can interact awkwardly: s 6(3) expresses a general non‑liability for the State while s 47(3) appears to force liability onto the State where individuals are protected. The statutory text therefore creates a potential legal friction point to be navigated in claims for damages arising from card custody or use. The statute provides the language but not adjudicated reconciliation,expect dispute about whether s 6(3) precludes liability despite s 47(3).
High confidentiality penalty and scope of "information"
s 46(1) prescribes a maximum penalty of 200 penalty units for unauthorised disclosure, recording or use of information "gained through involvement in the administration of this Act". "Information includes a digital photo and digitised signature" (s 46(3)). That is a significant exposure for staff and contractors and must be front of mind for operational compliance. The statutory exceptions (s 46(2)) are narrow: discharge of functions under this Act; authorised under another Act/regulation; authorised by the person to whom it relates; or in court proceedings. Organisations must track and document authorisations carefully.
Oral release permissive but identity verification is loose
s 30A allows oral release to a person where the chief executive is satisfied the person is the one to whom the information relates, and s 30A(3) permits satisfaction by correctly answering a series of questions or producing a document. That creates convenience for applicants but also a potential vulnerability for social engineering attacks if the chief executive or delegate relies on insufficient verification. Entities receiving oral confirmations should require written confirmation or use s 30 written release pathways where appropriate.
The card states that a person is "at least 15",not an "adult"
s 5 and s 7 set 15 as the threshold for both the card’s statement and eligibility. In contexts where "proof of age" is used to regulate adult activities (e.g. purchase of alcohol where majority age is 18), the statutory card by itself may not establish being over the legal adult age unless it records date of birth and the recipient uses that to verify age. The statutory definition may prompt disputes about whether the card alone meets third‑party identity/age verification expectations.
Register integration risk and digital photo carve‑out
s 27(2) permits the photo identification register to be part of another register maintained under the Transport Operations (Road Use Management) Act 1995. s 47A allows cross‑use between this Act and a list of transport Acts, but s 47A(4) excludes digital photos and digitised signatures from being kept or used under the cross‑use permissions. This partial integration may create mismatches: textual register fields (name, DOB, address) will move between transport registers but biometric data will not. Systems and workflows must handle split data repositories and ensure the photo/signature are not inadvertently copied into transport systems.
Regulations can prescribe fees generally but cannot charge for chief executive error
s 49(2)(b) allows regulations to prescribe fees but s 49(3) prohibits prescribing a fee for replacement of a photo identification card if the replacement is due to information on the card being incorrect because of an error made by the chief executive. Practitioners should ensure fee schedules and replacement policy clauses in regulations and administrative practice align with this constraint.
Division 2 offences carve out public officers
s 20 excludes the chief executive, the police commissioner and police officers from Division 2 offences when carrying out functions under this or another Act. That means conduct that would be an offence if done by a private person may be lawful when done by those public officers in the performance of their duties. Third parties or lawyers prosecuting offences should check the actor and the function to confirm applicability.
Timelines and formality traps
Many mandatory timelines are expressed in minimum terms only. For example, show‑cause notices allow at least 28 days to respond (s 15(1)); further information requests must provide at least 28 days (s 34(2)); a direction to return a card must allow at least 14 days (s 15(4)). Practitioners should ensure administrative processes observe those minimum timelines; failing to do so may create procedural defects or grounds for review.
Proof of giving documents and evidence chain simplification
s 23A treats giving a document to a person authorised to receive it for the chief executive as sufficient proof the document was given to the chief executive. That simplifies prosecutions but may make it harder for defendants to challenge the provenance of documents. Defence counsel should request specifics on the identity and authorisation of the receiving person where relevant.
Transitional continuity and pre‑existing APAs
Part 9 contains multiple transitional provisions that continue pre‑existing adult proof of age cards as photo identification cards and carry over applications and inquiries (ss 52-60). Practitioners working with long‑running applications or legacy registers must ensure compliance with the transitional provisions, which treat pre‑amendment instruments as if made under the amended Act in certain respects.
These are concrete operational and legal "gotchas" embedded in the statutory design. They arise from drafting choices that centralise control with the chief executive, formally exclude certain biometric data from inter‑Act sharing, and expose administrative staff to a high confidentiality penalty. The Act provides procedural safeguards (notice and review), but the centralisation of decision‑making and data intensifies the importance of correct process and well‑documented authorisations.
How to comply
This section sets out practical, section‑referenced steps for the primary actors to comply with the Act: applicants/holders, entities verifying cards, and the chief executive/administration. It is a checklist‑style analysis grounded in the statutory requirements.
For applicants and prospective card holders
Confirm eligibility and residency (s 7)
Verify you "ordinarily reside" in Queensland and that you are at least 15 years old. Collect documentary proof proving both elements; the Act requires documentary proof of identity and eligibility with the application (s 8).
Submit application in required form and pay fee (ss 8, 33, 49)
Use the approved form if one exists (s 33(1)). Check the department’s website for any published notices approving ways to make applications or requiring specific information (s 32). Provide the documentary proof and pay the prescribed fee (s 8). Keep receipts and copies of all documents submitted.
Preserve original identity documentation until replacement is processed (s 18)
Where applying for a replacement, you must supply the original card unless it was destroyed, lost or stolen (s 18(3)). If you suspect your card is lost/damaged/stolen, notify the chief executive as soon as practicable (s 19(2)) to avoid penalty exposure.
Respond to requests for further information and show‑cause notices (ss 15, 29, 34)
If you receive a written notice requiring further information for an application (s 34), provide the requested material within the stated time , which must be at least 28 days (s 34(2)). If you receive a proposed cancellation notice (s 15(1)), supply written representations within the at least 28‑day period specified. Failure to respond may lead to cancellation of application or the card.
Return cancelled or superseded cards when directed (s 15(4)-(5))
If a cancellation decision is made, you will receive an information notice and a written direction to return the card by a day at least 14 days after the direction (s 15(4)). Comply unless you have a reasonable excuse. Noncompliance is an offence with a maximum penalty (s 15(5)).
Protect your card and personal data
Do not give your card to another person if you know, or ought reasonably to know, they intend to use it to deceive (s 24(2)). Report loss, theft or damage immediately (s 19(2)). Understand that digital photos and digitised signatures are explicitly treated as "information" for confidentiality purposes (s 46(3)).
For entities verifying cards (businesses, licencees and similar)
Require production of the card and, when necessary, seek written verification from the chief executive (s 30)
If a person produces a photo identification card, you may apply for written information from the chief executive to verify validity of the card where necessary. Ensure the application is limited to information necessary to verify validity (s 30(2)(a)-(b)). Be prepared to show written consent where required (s 30(1)(a)(ii)).
Limit use of information obtained and document authorisations (s 30(3), s 46)
Before the chief executive releases written information to your organisation, the chief executive must be satisfied that further release will be limited to similar circumstances (s 30(3)). Ensure you have internal policies limiting processing, retention and onward disclosure to the narrowly required purposes, and document consents and approvals.
Avoid possession of another person’s card unless reasonable excuse (s 24(1))
Do not retain a customer’s card except where you have a reasonable excuse. If you must retain images or records for compliance, ensure you have lawful authorisation and that retention complies with privacy/confidentiality regimes.
Do not possess or make documents resembling a card (s 25)
Avoid creating or distributing documents resembling a photo identification card,the Act criminalises possessing or giving such documents if they are calculated to deceive (s 25).
For the chief executive and departmental administrators
Follow application, evidence and verification protocols (ss 8, 11, 34)
Ensure application processing includes verifying identity to the required standard before granting (s 11(2)(a)). Use s 34 to request further information, giving at least 28 days, and document reasons for such requests.
Maintain the photo identification register with required fields and data governance (s 26-27)
The register must contain specific fields (customer number, full name, residential address, service address if different, date of birth, sex, issue date, expiry date and replacement dates) (s 26(1)). The chief executive may record other information reasonably considered appropriate (s 26(2)). Ensure data governance policies control retention, access and release and separate storage or controls for digital photos and digitised signatures consistent with s 47A(4).
Administer release of information strictly (s 30-30A)
Implement robust procedures to process written applications for register information and to assess whether release is necessary and limited to the purposes stated in s 30. For oral release under s 30A, deploy identity‑verification measures (question series, documents) and log the verification actions taken, because oral release is permissible only where the chief executive is satisfied the person is the subject.
Use website notices and approved forms consistently and lawfully (s 32-33)
Publish clear department website notices approving ways of applying and specifying the information reasonably necessary to decide applications. Ensure notices do not demand irrelevant personal information and conform to the restrictions in s 32(3).
Observe procedural fairness in cancellations and replacements (ss 14-18)
For cancellations under s 14, serve a written show‑cause notice containing the ground, the facts and circumstances and at least 28 days to respond (s 15(1)). If cancelling, provide an information notice (s 15(2)) and a direction to return cards with at least 14 days (s 15(4)). Where the chief executive causes an error on a card, issue replacement cards at no charge for replacement under s 17(5) and ensure s 49(3) (regulations cannot prescribe a fee for replacement due to a chief executive error) is respected when setting fee schedules.
Ensure confidentiality and limit staff access (s 46)
Adopt strict access controls, training and contractual safeguards for staff and contractors handling register information, digital photos and digitised signatures. Record authorised disclosures under s 46(2) and ensure any authorised cross‑use under s 47A has a documented legal basis.
Co‑ordinate with transport Acts where cross‑use applies (s 47A)
Regulatory and fee compliance
When drafting or applying regulations or fees, respect s 49(3) which prohibits prescribing a fee for replacement when the replacement is required due to an error by the chief executive. Ensure any fee schedule for applications, replacements, or administration accords with the regulation‑making power in s 49 and is published and transparent.
Documentation and audit trails
For all operations,issuance, cancellation, replacement, requests for further information, release of register data and oral verification,maintain a clear audit trail recording the request, identity verification steps, statutory basis for action, consents, and any onward disclosures. That documentation will be essential for administrative reviews under s 39 and for defending claims where confidentiality obligations or alleged wrongful issuance/cancellation are contested.
In short, compliance requires clear administrative processes, documented identity verification standards, strict confidentiality and access controls, careful handling of requests for register information, observance of statutory timelines and procedural fairness, and alignment between fees/regulations and the Act’s specific constraints. The Act centralises decision‑making and data with the chief executive, and compliance therefore depends heavily on robust internal governance and clear, documented procedures referenced to the statutory sections cited above.
(a) has the right to use information that is on the card or stored electronically on it; or
(b) has the right to have information stored on the card.
pt.2-div.2 Applying for card
Applying for card
sec.7 Eligibility for card
sec.7 Eligibility for card
A person (an eligible person ) is eligible to apply for a photo identification card if the person—
ordinarily resides in Queensland; and
is at least 15 years.
s 7 amd 2010 No. 51 s 4
sub 2017 No. 25 s 10
(a) ordinarily resides in Queensland; and
(b) is at least 15 years.
sec.8 Application for card
sec.8 Application for card
An eligible person may apply to the chief executive for a photo identification card.
See part 5 for requirements about the application.
The application must be accompanied by—
documentary proof of the applicant’s identity and eligibility as mentioned in section 7 ; and
the prescribed fee.
s 8 amd 2010 No. 51 s 5
sub 2017 No. 25 s 10
(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.
(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.
(a) documentary proof of the applicant’s identity and eligibility as mentioned in section 7 ; and
(b) the prescribed fee.
Section sec.9
s 9 amd 2010 No. 13 s 46 ; 2015 No. 14 s 4
om 2017 No. 25 s 11
Section sec.10
s 10 amd 2010 No. 19 s 183
om 2017 No. 25 s 11
sec.11 Decision on application
sec.11 Decision on application
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.
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.
If the chief executive decides to refuse to grant the application, the chief executive must give the applicant an information notice for the decision.
s 11 amd 2010 No. 13 s 47 ; 2015 No. 14 s 5 ; 2017 No. 25 s 12
(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.
(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.
(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.
(a) satisfied— (i) of the applicant’s identity; and (ii) that the applicant is an eligible person; and
(i) of the applicant’s identity; and
(ii) that the applicant is an eligible person; and
(b) the prescribed fee has been paid.
(i) of the applicant’s identity; and
(ii) that the applicant is an eligible person; and
sec.12 Issue of card
sec.12 Issue of card
If the chief executive decides to grant the application, the chief executive must issue a photo identification card to the applicant.
s 12 amd 2010 No. 51 s 6 ; 2017 No. 25 s13
sec.13 Expiry of card
sec.13 Expiry of card
Unless 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.
s 13 amd 2010 No. 13 s 48 ; 2017 No. 25 s 14
pt.2-div.3 Cancelling and surrendering card
Cancelling and surrendering card
sec.14 Grounds for cancelling card
sec.14 Grounds for cancelling card
The chief executive may cancel a photo identification card if the card was issued because of a document or representation that was false or misleading.
s 14 amd 2017 No. 25 s 15
sec.15 Procedure for cancelling card
sec.15 Procedure for cancelling card
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.
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.
The cancellation takes effect when the person receives the information notice under subsection (2) .
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.
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.
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.
s 15 amd 2017 No. 25 s 16
(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.
(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.
(sec.15-ssec.3) The cancellation takes effect when the person receives the information notice under subsection (2) .
(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.
(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.
(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.
(a) the chief executive is proposing to cancel the card; and
(b) the ground for the proposed cancellation; and
(c) an outline of the facts and circumstances forming the basis for the ground; and
(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.
(a) the card has been destroyed, lost or stolen; and
(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.
sec.16 Surrendering card
sec.16 Surrendering card
The holder of a photo identification card may surrender the card by returning it, and giving notice of its surrender, to the chief executive.
See part 5 for requirements about the notice.
s 16 amd 2017 No. 25 s 17
pt.2-div.4 Replacing card
Replacing card
sec.17 Chief executive may require card to be replaced
sec.17 Chief executive may require card to be replaced
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.
The chief executive may, by written notice, require the holder of the card to return the card to the chief executive.
The notice must include a statement identifying the information that is incorrect and the correct information.
The holder must comply with the notice, unless the holder has a reasonable excuse.
Maximum penalty—20 penalty units.
On receipt of the card, the chief executive must issue to the holder a replacement photo identification card stating the correct information.
s 17 amd 2017 No. 25 s 18
(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.
(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.
(sec.17-ssec.3) The notice must include a statement identifying the information that is incorrect and the correct information.
(sec.17-ssec.4) The holder must comply with the notice, unless the holder has a reasonable excuse. Maximum penalty—20 penalty units.
(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.
(a) information stated on a photo identification card is incorrect; and
(b) the chief executive reasonably believes the error was caused by the chief executive.
sec.18 Holder may apply for replacement card
sec.18 Holder may apply for replacement card
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.
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.
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.
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.
If the application was made because information stated on the original card was incorrect, the replacement photo identification card must state the correct information.
s 18 sub 2017 No. 25 s 19
(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.
(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.
(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.
(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.
(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.
(a) information stated on a valid photo identification card is incorrect; or
(b) the holder of a valid photo identification card becomes aware, or reasonably suspects, the card has been damaged, lost or stolen.
(a) the original card, unless it was, or the holder reasonably suspects it was, destroyed, lo
This is an opening excerpt, not the complete document.
When sharing or using information across the specified transport Acts, ensure compliance with s 47A’s exclusion of digital photos and digitised signatures (s 47A(4)). Update data flows and system architecture to keep biometric data separate where necessary.
Keep evidentiary records for litigation and administrative review (ss 23A, 42)
Where documents are received from applicants, maintain evidence of who received them and the authority. Use s 23A where appropriate to document the receipt chain. Preserve capacity to issue the s 42 certificate attesting to register contents, which simplifies later enforcement or adjudicative processes.