Photo Identification Card Regulation 2019

This regulation may be cited as the Photo Identification Card Regulation 2019.

This regulation, other than section 18, commences immediately after the commencement of the Transport and Other Legislation Amendment Act 2017, part 14, division 1.

Section 18 commences on 1 April 2019.

In this regulation—

confidential information—

means—

the personal information of a person; or

the customer number for the holder of a photo identification card; or

the card number stated on a photo identification card; and

includes a digital photo of a person and a digitised signature of a person.

current postal address, for a person, means a postal address—

given by the person to the department for use by the department whether or not the postal address was given for the purpose of this regulation; and

for which no written or oral notice from the person, asking the department to discontinue use of the postal address, has been received by the department.

customer number, for a person, means the number the chief executive gives to the person under the Act to identify the person as the holder of a photo identification card.

This section applies if—

the chief executive issues a photo identification card; and

the holder has not, within the time stated by the chief executive when the holder applied for the card, received the card in the post at—

if there is a current postal address for the holder—the postal address; or

otherwise—the address stated in the application.

The holder must promptly notify the chief executive that the holder has not received the photo identification card.

If the chief executive is satisfied the holder has not received the photo identification card because it has been lost or stolen, the chief executive may issue a new photo identification card to the holder.

Note—

See also section 19 of the Act, which requires a holder to give the chief executive notice if a card has been, or is reasonably suspected of being, lost or stolen.

This section applies if the holder of a photo identification card—

changes—

the holder’s name or address; or

if there is a current postal address for the holder—the postal address; and

gives the chief executive notice of the change.

If the chief executive is satisfied the information given by the holder is correct, the chief executive must—

record the change in the photo identification register; and

for a change of name—give the holder a replacement photo identification card that records the change of name.

No fee is payable for—

recording the change in the photo identification register; or

a replacement photo identification card for a change of name.

This section applies if the holder of a photo identification card—

has an obligation under the Act to notify the chief executive of a notifiable event; and

has an obligation under a prescribed smartcard Act to notify the chief executive, or the general manager under the Maritime Safety Queensland Act 2002, of the same notifiable event; and

complies with the obligation under the prescribed smartcard Act.

The obligation under the Act to notify the chief executive of the notifiable event is taken to have been satisfied if any time allowed to make the notification under the Act has not expired.

In this section—

notifiable event, for the holder of a photo identification card, means any of the following—

a change of the holder’s name;

a change of the holder’s address;

if there is a current postal address for the holder—a change of the postal address.

prescribed smartcard Act means any of the following Acts—

the Tow Truck Act 2023;

the Transport Operations (Marine Safety) Act 1994;

the Transport Operations (Passenger Transport) Act 1994;

the Transport Operations (Road Use Management) Act 1995.

For section 18(1) of the Act, the following circumstances are prescribed as the circumstances in which the holder of a valid photo identification card (the original card) may apply to the chief executive for a replacement photo identification card—

information stated on the original card is incorrect;

the holder becomes aware, or reasonably suspects, the original card has been damaged, lost or stolen;

the holder believes that confidential information on the original card has been accessed by, or disclosed to, a person not authorised to have the information.

The application must be accompanied by the original card, unless it was, or the holder reasonably suspects it was, damaged, lost or stolen.

Subject to section 34(4) and (5) of the Act, the chief executive must—

for an application made under subsection (1)(a) or (c)—issue a replacement photo identification card to the applicant; or

for an application made under subsection (1)(b)—issue a replacement photo identification card to the applicant unless the chief executive suspects the original card was not 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.

The fees payable under the Act are stated in schedule 1.

This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.

For the purposes of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded to the nearest multiple of 5 cents (rounding one-half upwards).

Example—

If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.

This section applies if—

a person applies for a replacement photo identification card because the card was damaged or lost; and

the chief executive is satisfied the card was damaged or lost because of a natural disaster.

The chief executive may waive the fee payable under section 18(2)(b) of the Act for the application.

This section applies if—

a person applies for a photo identification card under section 8 of the Act; and

before applying, the person had a Queensland driver licence that—

was surrendered under the driver licensing regulation, section 375; or

was cancelled under the driver licensing regulation, section 356 for a ground mentioned in section 352(1)(a) of the regulation; and

the application is the first application for a photo identification card made by the person after the surrender or cancellation of the person’s Queensland driver licence.

The chief executive may waive the fee payable for the application under section 8(2)(b) of the Act.

In this section—

driver licensing regulation means the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021.

Queensland driver licence see the Transport Operations (Road Use Management) Act 1995, schedule 4.

The chief executive may waive the fee payable under section 18(2)(b) of the Act if the application—

is for the replacement of a card that was—

damaged or lost as a result of a person, other than the holder, committing an indictable offence that is a crime or misdemeanour; or

stolen; or

is made because the holder believes that confidential information on the card has been accessed by, or disclosed to, a person not authorised to have the information.