271A

Participation by authorised government agencies in face matching services

Current

(1)

An authorised government agency may enter into an arrangement, by agreement, understanding or otherwise, to facilitate participation in a face matching service.

(2)

An authorised government agency may do the following—

(a)

collect face-matching service information for an authorised purpose,

(b)

use face-matching service information for an authorised purpose,

(c)

release or disclose face-matching service information to a participant or the Commonwealth—

(i)

for the purpose of the participant or the Commonwealth participating in the national agreement, or

(ii)

for another purpose in accordance with the national agreement or the Commonwealth Act.

(3)

The Privacy and Personal Information Protection Act 1998 does not apply to the extent of an inconsistency with this section.

(4)

The regulations may provide for further matters to facilitate participation in a face matching service.

(5)

In this section—

authorised government agency means the following—

(a)

TfNSW,

(b)

an agent of TfNSW,

(c)

another government agency participating in a face matching service in accordance with—

(i)

the national agreement, or

(ii)

the Commonwealth Act.

authorised purpose, for an authorised government agency, means—

(a)

for the purpose of a face matching service, or

(b)

another lawful purpose in connection with the exercise of the authorised government agency’s functions.

collect includes download.

Commonwealth Act means the Identity Verification Services Act 2023 of the Commonwealth.

face matching service has the same meaning as in the national agreement.

Face Matching Service Hub has the same meaning as in the Commonwealth Act.

Note—

See the Commonwealth Act, section 5.

face-matching service information has the same meaning as in the Commonwealth Act.

Note—

Face-matching service information includes any information that is included in a driver licence or otherwise associated with a driver licence and information included in a document that is issued by a State or Territory in a name of an individual, contains a photograph of the individual and can be used to prove the individual’s identity, including a “proof of age” card. See the Commonwealth Act, section 6(2)(g) and (h).

national agreement means the Intergovernmental Agreement on Identity Matching Services entered into by the Commonwealth, the States and the Territories in October 2017, as in force from time to time.

NDLFRS has the same meaning as in the Commonwealth Act.

Note—

NDLFRS is short for National Driver Licence Facial Recognition Solution and has the meaning given by the Commonwealth Act, section 5.

release includes—

(a)

upload to the NDLFRS, and

(b)

relay electronic communications using the Face Matching Service Hub.

Regulations

This provision refers to the regulations (The regulations may provide). Made under this Act:

2 more instruments made under this Act are listed on the Act’s overview.

This Act’s bill:Explanatory memorandum Second reading speech

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