sec.28EDRestricted access to a digital photo and digitised signature

### sec.28ED Restricted access to a digital photo and digitised signature The chief executive may allow a person to access the person’s digital photo kept under this Act if— the person establishes, to the chief executive’s reasonable satisfaction, it is the person’s digital photo; and allowing the use of facial recognition technology presenting a valid Australian passport the person applies to the chief executive, in the approved form, for the access. The chief executive may allow an entity that grants driver licences under a corresponding law to the Transport Operations (Road Use Management) Act 1995 to access a person’s digital photo kept under this Act if the access is for granting a driver licence under the corresponding law. An application mentioned in subsection (1) (b) may be made by electronic communication. The chief executive must allow a police officer to access a person’s digital photo kept under a prescribed authorisation Act if the access is for a permitted purpose within the meaning of section 28EP (2) . To remove any doubt, it is declared that access to a digital photo under subsection (4) is not subject to any requirement under part 4D . The chief executive must allow the administrator of a prescribed authorisation Act, other than a transport Act, to access a person’s digital photo and digitised signature kept under this Act (as required by the administrator) if the administrator considers it reasonably necessary to use the photo or signature in an investigation of, or proceeding for, an offence that— happens— in making the application under the prescribed authorisation Act for which the person’s digital photo and digitised signature are taken under section 28EA (1) (a) ; or during the retention period for the digital photo and digitised signature; and involves a person obtaining or attempting to obtain, by a false statement or misrepresentation or in any other dishonest way, the grant, renewal, amendment or replacement of a prescribed authority under the prescribed authorisation Act. In this section— access , a digital photo or digitised signature, means obtain a copy of the digital photo or digitised signature. corresponding law , to the Transport Operations (Road Use Management) Act 1995 , means a law of the Commonwealth or another State that provides for the same matter as that Act. s 28ED ins 2015 No. 14 s 43 amd 2018 No. 2 s 23 (sec.28ED-ssec.1) The chief executive may allow a person to access the person’s digital photo kept under this Act if— the person establishes, to the chief executive’s reasonable satisfaction, it is the person’s digital photo; and allowing the use of facial recognition technology presenting a valid Australian passport the person applies to the chief executive, in the approved form, for the access. (sec.28ED-ssec.2) The chief executive may allow an entity that grants driver licences under a corresponding law to the Transport Operations (Road Use Management) Act 1995 to access a person’s digital photo kept under this Act if the access is for granting a driver licence under the corresponding law. (sec.28ED-ssec.3) An application mentioned in subsection (1) (b) may be made by electronic communication. (sec.28ED-ssec.4) The chief executive must allow a police officer to access a person’s digital photo kept under a prescribed authorisation Act if the access is for a permitted purpose within the meaning of section 28EP (2) . (sec.28ED-ssec.4A) To remove any doubt, it is declared that access to a digital photo under subsection (4) is not subject to any requirement under part 4D . (sec.28ED-ssec.5) The chief executive must allow the administrator of a prescribed authorisation Act, other than a transport Act, to access a person’s digital photo and digitised signature kept under this Act (as required by the administrator) if the administrator considers it reasonably necessary to use the photo or signature in an investigation of, or proceeding for, an offence that— happens— in making the application under the prescribed authorisation Act for which the person’s digital photo and digitised signature are taken under section 28EA (1) (a) ; or during the retention period for the digital photo and digitised signature; and involves a person obtaining or attempting to obtain, by a false statement or misrepresentation or in any other dishonest way, the grant, renewal, amendment or replacement of a prescribed authority under the prescribed authorisation Act. (sec.28ED-ssec.6) In this section— access , a digital photo or digitised signature, means obtain a copy of the digital photo or digitised signature. corresponding law , to the Transport Operations (Road Use Management) Act 1995 , means a law of the Commonwealth or another State that provides for the same matter as that Act. - (a) the person establishes, to the chief executive’s reasonable satisfaction, it is the person’s digital photo; and Examples of how a person may establish a digital photo is the person’s digital photo— • allowing the use of facial recognition technology • presenting a valid Australian passport - • allowing the use of facial recognition technology - • presenting a valid Australian passport - (b) the person applies to the chief executive, in the approved form, for the access. - • allowing the use of facial recognition technology - • presenting a valid Australian passport - (a) happens— (i) in making the application under the prescribed authorisation Act for which the person’s digital photo and digitised signature are taken under section 28EA (1) (a) ; or (ii) during the retention period for the digital photo and digitised signature; and - (i) in making the application under the prescribed authorisation Act for which the person’s digital photo and digitised signature are taken under section 28EA (1) (a) ; or - (ii) during the retention period for the digital photo and digitised signature; and - (b) involves a person obtaining or attempting to obtain, by a false statement or misrepresentation or in any other dishonest way, the grant, renewal, amendment or replacement of a prescribed authority under the prescribed authorisation Act. - (i) in making the application under the prescribed authorisation Act for which the person’s digital photo and digitised signature are taken under section 28EA (1) (a) ; or - (ii) during the retention period for the digital photo and digitised signature; and