Obligations about operation
173EJ Obligations about operation
An approved operator for an approved ID scanning system (the system) must ensure the system does not record any personal information about a person other than the following—
the person’s name, address and date of birth;
a photo of the person;
details of a banning order in force for the person;
details of a licensee ban imposed on the person by a linked licensee that the licensee has asked the approved operator to include in the system.
Maximum penalty—25 penalty units.
The approved operator must ensure personal information is not held in the system for more than 30 days after it is entered into the system.
Maximum penalty—25 penalty units.
Subsection (2) does not apply to information about a person subject to a banning order or licensee ban in force for the person that the approved operator is, under subsections (4) to (6), required to include in the system.
The approved operator must as soon as reasonably practicable comply with a requirement of the commissioner or the police commissioner to—
include stated information about a banning order in the system; or
remove stated information about a banning order from the system; or
make a stated change to correct information in the system about a banning order.
Maximum penalty—25 penalty units.
The approved operator must as soon as reasonably practicable comply with a request of a linked licensee, relating to a licensee ban imposed by the licensee, to—
include stated information about the licensee ban in the system; or
remove stated information about the licensee ban from the system; or
make a stated change to correct information in the system about the licensee ban.
Maximum penalty—25 penalty units.
The approved operator must as soon as reasonably practicable include, remove or change information in the system—
if required by a court order; or
if asked by a person bound by a court order that requires the inclusion, removal or change to be made.
Maximum penalty—25 penalty units.
Subsection (8) applies if—
the approved operator is given notice of a transfer of a licence under section 113(4) in relation to a linked licensee; and
the system records details of a licensee ban imposed by the linked licensee.
The approved operator must remove the details of the licensee ban as soon as practicable after the transfer period ends.
Maximum penalty—25 penalty units.
Subsection (8) does not apply to a licensee ban if the new licensee for the transferred licence asks the approved operator, during the transfer period, not to remove the licensee ban from the system.
In this section—
linked licensee, for an approved operator, means a licensee who uses, in the licensed premises, an approved ID scanner linked to the approved ID scanning system.
transfer period, for the transfer of a licence under section 113(4), means the period of 30 days after the transfer takes effect.
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