Photo Identification Card Regulation 2019

1Short title

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

2Commencement

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

(2)Section 18 commences on 1 April 2019.

3Definition

In this regulation—

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

(a)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

(b)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.

4Photo identification cards not received in post

(1)This section applies if—

(a)the chief executive issues a photo identification card; and

(b)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—

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

(ii)otherwise—the address stated in the application.

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

(3)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.

5Changes of name, address or postal address

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

(a)changes—

(i)the holder’s name or address; or

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

(b)gives the chief executive notice of the change.

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

(a)record the change in the photo identification register; and

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

(3)No fee is payable for—

(a)recording the change in the photo identification register; or

(b)a replacement photo identification card for a change of name.

6Notifiable events under other Acts

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

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

(b)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

(c)complies with the obligation under the prescribed smartcard Act.

(2)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.

(3)In this section—

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

(a)a change of the holder’s name;

(b)a change of the holder’s address;

(c)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—

(a)the Tow Truck Act 1973;

(b)the Transport Operations (Marine Safety) Act 1994;

(c)the Transport Operations (Passenger Transport) Act 1994;

(d)the Transport Operations (Road Use Management) Act 1995.

7Fees

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

8Waiver of particular fees for persons affected by natural disasters

(1)This section applies if—

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

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

(2)The chief executive may waive the fee payable under section 18(3)(b) of the Act for the application.

9Waiver of application fees if licence surrendered or cancelled

(1)This section applies if—

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

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

(i)was surrendered under the driver licensing regulation, section 123; or

(ii)was cancelled under the driver licensing regulation, section 125 for a ground mentioned in the regulation, section 124(a); and

Note—

The driver licensing regulation, section 124(a) provides a Queensland driver licence may be cancelled on the ground that the licensee has a mental or physical incapacity that is likely to adversely affect the licensee’s ability to drive safely.

(c)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.

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

(3)In this section—

driver licensing regulation means the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010.

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

10Repeal

The Photo Identification Card Regulation 2010, SL No. 101 is repealed.

11Regulation amended

This part amends the State Penalties Enforcement Regulation 2014.

12Amendment of sch 1 (Infringement notice offences and fines for nominated laws)

Schedule 1, entry for Photo Identification Card Regulation 2010—

omit.

13Regulation amended

This part amends the Transport Operations (Passenger Transport) Regulation 2018.

14Amendment of s 62 (Notifiable events under other Acts)

Section 62(3), definition prescribed smartcard Act, paragraph (a)—

omit, insert—

(a)the Photo Identification Card Act 2008; or

15Regulation amended

This part amends the Transport Operations (Road Use Management—Dangerous Goods) Regulation 2018.

16Amendment of s 230 (Notifiable events under other Acts)

Section 230(3), definition prescribed smartcard Act, paragraph (a)—

omit, insert—

(a)the Photo Identification Card Act 2008;

17Regulation amended

This part amends the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010.

18Amendment of s 107 (Applying for order)

(1)Section 107(2)(a)—

omit.

(2)Section 107(2)(b) and (c)—

renumber as section 107(2)(a) and (b).

(3)Section 107(3) and (4), ‘(2)(c)’—

omit, insert—

(2)(b)

19Insertion of new s 162A

After section 162—

insert—

162A Reduced fee for grant of particular class C learner licences

(1)This section applies in relation to an applicant for a class C learner licence if the applicant—

(a)is, after the commencement, issued a photo identification card; and

(b)has never held an Australian driver licence.

(2)If the chief executive decides to grant the class C learner licence, the fee payable for the licence is the fee stated in schedule 1, item 4(a).

(3)In this section—

photo identification card means a photo identification card issued under the Photo Identification Card Act 2008.

20Amendment of sch 1 (Fees)

Schedule 1, item 4—

omit, insert—

4	Grant or renewal of a learner licence under section 23—
	(a)  if section 162A applies—
	(i)  for grant of a licence for 3 year period or part of 3 year period	131.90
	(ii)  additional fee for grant of a licence with licence code I	312.55
	(b)  otherwise—
	(i)  for each 3 year period or part of a 3 year period	171.90
	(ii)  additional fee for grant of a licence with licence code I	312.55

21Regulation amended

This part amends the Transport Planning and Coordination Regulation 2017.

22Amendment of s 9 (Prescribed authorisation Acts—Act, s 28E)

Section 9(a)—

omit, insert—

(a)the Photo Identification Card Act 2008;

23Amendment of s 10 (Prescribed authorities—Act, s 28E)

Section 10(a)—

omit, insert—

(a)a photo identification card under the Photo Identification Card Act 2008;

24Amendment of s 13 (Transport Acts—Act, sch 1)

Section 13(a)—

omit, insert—

(a)the Photo Identification Card Act 2008;

section 7