Queensland Numbered Acts Queensland Numbered ActsPart 10 , after division 1 —
insert —
10.2FA Definitions for division In this division—
"face matching services" means the following services involving facial biometric matching—(a) the service (known as the face verification service) enabling the comparison of a facial image associated with an individual against a facial image held on a specific government record associated with the individual to verify the individual’s identity;(b) the service (known as the face identification service) enabling the comparison of a facial image against multiple images held on a database of government records to establish an individual’s identity;(c) the service (known as the one person one licence service) enabling the comparison of an individual’s facial image against other facial images used on driver licences and other identity documents to identify whether the individual holds multiple licences, in the same or a different identity, in 1 or more jurisdictions.
"host agency" , for an identity matching service, means the Commonwealth agency responsible for maintaining the service under an agreement between the Commonwealth and the States.
"identity document" means a document that—(a) contains or incorporates identity information; and(b) is capable of being used as evidence of identity.
"identity information" means information relating to an individual, whether living, dead, real or fictitious, that is capable of being used, alone or in conjunction with other information, to identify or purportedly identify the individual.Examples—• a photo of, or other information about, an individual on a drivers licence, passport or other identity document• other information about an individual submitted to verify the individual’s identity
"identity matching services" means the following services administered by the Commonwealth under an agreement entered into by the Commonwealth and the States—(a) the service (known as the document verification service) enabling biographical information on identity documents to be verified against corresponding records held by a participating entity for the service;(b) the service (known as the identity data sharing service) enabling the sharing of identity information between the Commonwealth and the States to ensure the accuracy and integrity of identity-based records;(c) the face matching services;(d) any other service prescribed by regulation, to the extent the operation of the service relates only to a permitted purpose within the meaning of section 10.2FF(2).
"information" includes a document.
"participating entity" , in relation to an identity matching service, means an entity—(a) participating in the service; and(b) with whom the commissioner has entered into an agreement in relation to the use of the service.
10.2FB Division binds all persons This division binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.
10.2FC Disclosure of identity information by commissioner For a purpose related to the operation of an identity matching service, the commissioner may disclose identity information lawfully in the commissioner’s possession to—(a) the host agency for the service; or(b) a participating entity for the service.
10.2FD Collection and use of identity information by commissioner The commissioner may collect and use identity information, by the operation of an identity matching service, from—(a) the host agency for the service; or(b) a participating entity for the service.
10.2FE Collection, use and disclosure by host agency The host agency may, for a purpose related to the operation of an identity matching service—(a) collect or use identity information disclosed to it under this division; or(b) disclose the identity information to the commissioner or a participating entity for the service.
10.2FF Disclosure, use or collection must be for permitted purpose(1) Despite sections 10.2FC, 10.2FD and 10.2FE, identity information may be disclosed, collected or used under this division only for a permitted purpose.(2) Each of the following purposes is a
"permitted purpose" —(a) preventing, detecting, investigating or prosecuting crimes involving fabricated, manipulated, stolen or otherwise assumed identities;(b) preventing, detecting, investigating or prosecuting other offences against Commonwealth or State laws;(c) conducting investigations or gathering intelligence for purposes related to national security within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cwlth) ;(d) promoting the security of a participating entity’s assets, facilities or personnel;Examples—• protecting and managing legally assumed identities• security or background checking(e) identifying individuals who are at risk of, or have experienced, physical harm;Examples—• investigating individuals reported as missing• identifying individuals reported as dead, or unidentified human remains• identifying individuals when addressing significant risks to public health or safety• identifying individuals in relation to disaster events or major events(f) improving road safety, including the detection of unlicensed and disqualified drivers and individuals who hold multiple licences;(g) verifying an individual’s identity with the individual’s consent or as authorised or required by law.
10.2FG Inconsistency with other laws To the extent this division is inconsistent with another law, this division prevails to the extent of the inconsistency.