Transport Planning and Coordination Act 1994

A person (applicant) must allow the chief executive to take and keep for use under this Act, or for use as provided under another Act, a digital photo and digitised signature of the applicant (as required by the chief executive) if the applicant—

applies to the administrator for a prescribed authorisation Act for the grant, renewal, amendment or replacement of a prescribed authority (the authority applied for); or

applies to, or asks, the administrator for a transport Act about something else relevant to the administration of a transport Act and, to deal with the application or request, the administrator considers it reasonably necessary to use facial recognition technology to establish the applicant’s connection to the most recent digital photo of the person the applicant is claiming to be.

A person (also an applicant) must allow the chief executive to take and keep a digital photo of the applicant that the applicant may use to prove the applicant’s identity for a particular purpose if the applicant applies to the chief executive for the chief executive to keep the digital photo.

Subsections (1) and (1A) do not apply if the applicant withdraws the application or request.

Subsection (1)(a) does not apply if—

as allowed under this Act, the chief executive is keeping the applicant’s most recent digital photo and most recent digitised signature; and

the chief executive has no evidence to suggest that the applicant’s most recent digital photo is not a true likeness of the applicant; and

the shelf life of the applicant’s most recent digital photo and most recent digitised signature, or the most recent extension of the shelf life under section 28EB, has not ended and will not end before the expiry of any prescribed authorisation document that is granted on the approval of the authority applied for.

Subsection (1A) does not apply if—

as allowed under this Act, the chief executive is keeping the applicant’s most recent digital photo; and

the chief executive has no evidence to suggest that the applicant’s most recent digital photo is not a true likeness of the applicant; and

the shelf life of the applicant’s most recent digital photo, or the most recent extension of the shelf life under section 28EB, has not ended.

If an applicant makes an application mentioned in subsection (1)(a) to the administrator for a prescribed authorisation Act that is not a transport Act, the chief executive must advise the administrator if—

the applicant has not complied with subsection (1)(a); or

the chief executive is not satisfied there is a sufficient connection between the digital photo taken under subsection (1)(a) and the most recent digital photo of the person the applicant is claiming to be; or

the chief executive is satisfied there is a sufficient connection between the digital photo taken under subsection (1)(a) and the most recent digital photo of someone other than the person the applicant is claiming to be.

The administrator for a transport Act must refuse to consider any application or request mentioned in subsection (1) or (1A) if—

the applicant has not complied with subsection (1) or (1A); or

the administrator is not satisfied there is a sufficient connection between the digital photo taken under subsection (1) or (1A) and the most recent digital photo of the person the applicant is claiming to be; or

the administrator is satisfied that there is a sufficient connection between the digital photo taken under subsection (1) or (1A) and the most recent digital photo of someone other than the person the applicant is claiming to be.

Subsection (5) has effect despite any other provision of a transport Act.