Queensland Consolidated Acts

TRANSPORT OPERATIONS (MARINE SAFETY) ACT 1994 - SECT 63A

(1) A person must allow the chief executive or general manager to take and keep—

(a) a digital photo and digitised signature of the person, if—

(i) the person applies for the grant or renewal of a marine licence (the authority applied for) or an amendment of the person's marine licence; or

(ii) the person is the holder of a marine licence and applies for a marine licence indicator, or the renewal, replacement or amendment of a smartcard marine licence indicator; or

(b) a digital photo or digitised signature of the person, if—

(i) the person applies for anything else in relation to a marine licence or a marine licence indicator; and

(ii) the chief executive or general manager has given the person written notice under subsection (3) or (4) in relation to the photo or signature.

(2) Subsection (1)(a) does not apply to the person if—

(a) as allowed under this Act or a prescribed smartcard Act, the chief executive or general manager is keeping the person's most recent digital photo and digitised signature; and

(b) the chief executive or general manager is satisfied the person's most recent digital photo is still a true likeness of the person; and

(c) the shelf life of the person's most recent digital photo and digitised signature, or the most recent extension of the shelf life under section 63AB, has not ended and will not end before—

(i) if the grant or renewal of a marine licence indicator is applied for—the term of the authority applied for ends; or

(ii) otherwise—the term of the smartcard marine licence indicator ends.

(3) If the chief executive or general manager considers it reasonably necessary to use facial recognition technology to establish a person's connection to the person's most recent digital photo, the chief executive or general manager may give the person a written notice requiring the person to allow the chief executive or general manager to take and keep a digital photo of the person.

(4) If the chief executive or general manager is satisfied there is sufficient connection between the digital photo taken under subsection (1)(b) and the person's most recent digital photo, the chief executive or general manager may give the person a written notice requiring the person to allow the chief executive or general manager to take and keep a digitised signature of the person.

(5) The chief executive or general manager must refuse to consider any application by the person relating to a marine licence or a marine licence indicator if—

(a) the person does not comply with subsection (1); or

(b) the chief executive or general manager is not satisfied there is sufficient connection between the digital photo taken under subsection (1)(b) and the person's most recent digital photo.