Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to enhance the provison of Commonwealth benefits, and for related purposes.
Administered by: Human Services
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 22 Feb 2007
Introduced HR 07 Feb 2007

2004‑2005‑2006‑2007

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Human Services (Enhanced Service Delivery) Bill 2007

 

No.      , 2007

 

(Human Services)

 

 

 

A Bill for an Act to enhance the provision of Commonwealth benefits, and for related purposes

  

  

  


Contents

Part 1—Introduction                                                                                                              2

Division 1—Preliminary                                                                                              2

1............ Short title............................................................................................ 2

2............ Commencement.................................................................................. 3

Division 2—What this Act is about                                                                       4

3............ What this Act is about........................................................................ 4

Division 3—Interpretation                                                                                         5

4............ Identifying defined terms.................................................................... 5

5............ Definitions.......................................................................................... 6

Division 4—Objects and purposes of this Act                                              13

6............ Objects of this Act........................................................................... 13

7............ The purposes of this Act................................................................. 13

8............ Administration of this Act to accord with Australian Government policy             13

Division 5—Application of this Act                                                                     15

9............ This Act binds the Crown................................................................ 15

10.......... Extension to external Territories....................................................... 15

Part 2—Registration                                                                                                           16

Division 1—What this Part is about                                                                    16

11.......... What this Part is about..................................................................... 16

Division 2—Getting registered                                                                             17

12.......... Are you eligible to be registered?...................................................... 17

13.......... Applying for registration.................................................................. 17

14.......... When the Secretary must register you.............................................. 18

15.......... When registration happens............................................................... 18

Division 3—The Register                                                                                        19

16.......... The Register...................................................................................... 19

17.......... Information on the Register.............................................................. 19

18.......... When the Secretary may not include information on the Register... 24

19.......... Temporary information on the Register........................................... 24

20.......... Register not to contain any other information.................................. 25

Part 3—The access card                                                                                                   26

Division 1—What this Part is about                                                                    26

21.......... What this Part is about..................................................................... 26

Division 2—Getting an access card                                                                    27

22.......... Are you eligible for an access card?.................................................. 27

23.......... Applying for an access card............................................................. 27

24.......... When the Secretary must issue you an access card.......................... 28

25.......... When the Secretary issues you your access card............................. 29

26.......... Period of validity of your access card.............................................. 29

Division 3—Name and form of access cards                                                  30

27.......... Name, symbol and form of an access card........................................ 30

28.......... Commonwealth’s acquisition of access card name and symbols...... 30

Division 4—Information on your access card                                                32

29.......... Information on your access card....................................................... 32

30.......... Information on the surface of your access card................................ 32

31.......... Your name......................................................................................... 34

32.......... Access card surface not to contain any other information............... 34

33.......... Information in the chip in your access card...................................... 34

34.......... Information in the Commonwealth’s area of the chip in your access card              34

35.......... When the Secretary must not include information in the Commonwealth’s area of the chip in your access card  37

36.......... Commonwealth’s area not to contain any other information........... 38

Division 5—Ownership of your access card                                                   39

37.......... You own your access card................................................................ 39

38.......... Ownership of intellectual property etc. in your access card............ 39

39.......... What you cannot do with your access card...................................... 39

Division 6—Use of your access card                                                                  40

40.......... Your use of your access card............................................................ 40

41.......... Use of access card by officers in participating agencies................... 40

42.......... No requirement for you to carry your access card........................... 40

Part 4—Offences                                                                                                                   41

Division 1—What this Part is about etc.                                                           41

43.......... What this Part is about..................................................................... 41

44.......... Geographical jurisdiction.................................................................. 41

Division 2—Offences for requiring production of an access card       42

45.......... Requiring production of an access card for identification................. 42

46.......... Requiring production of an access card for supply of goods and services etc.        43

Division 3—Offences for doing things to access cards                            45

Subdivision A—Offences committed by others                                                    45

47.......... Defacing or damaging someone else’s access card............................ 45

48.......... Changing information in the Commonwealth’s area of the chip in someone else’s access card              45

49.......... Selling etc. someone else’s access card............................................. 45

Subdivision B—Offences committed by you in relation to your access card 46

50.......... Defacing or damaging your access card: dishonest intent................. 46

51.......... Changing information in the Commonwealth’s area of the chip in your access card: dishonest intent   46

52.......... Changing information in the Commonwealth’s area of the chip in your access card               46

53.......... Selling etc. your access card.............................................................. 47

Division 4—Other access card offences                                                           48

54.......... Unlawful access cards....................................................................... 48

55.......... Dishonestly obtaining an access card............................................... 48

56.......... Possessing a false access card........................................................... 49

57.......... Unauthorised copying etc. of access card number, photograph or signature           49

Division 5—Offences in relation to applications for registration or access cards            51

58.......... Making false or misleading statements in relation to an application for registration or access card        51

59.......... Giving false or misleading information in relation to an application for registration or access card        51

60.......... Producing false or misleading documents in relation to an application for registration or access card    52

Division 6—Offences by Commonwealth officers                                       54

61.......... Issuing an access card contrary to this Act...................................... 54

62.......... Abuse of public office...................................................................... 54

Division 7—Other offences                                                                                     56

63.......... Protection of access card name and symbol..................................... 56

Part 5—Miscellaneous                                                                                                       58

Division 1—What this Part is about                                                                    58

64.......... What this Part is about..................................................................... 58

Division 2—Exemptions and other determinations                                   59

65.......... Exemptions by the Minister, DVA Minister, Secretary or DVA Secretary           59

66.......... Minister to determine identity guidelines......................................... 60

67.......... DVA Minister may determine who are DVA individuals................ 60

Division 3—Delegations and authorisations                                                  62

68.......... Delegations by the Minister............................................................. 62

69.......... Delegations by the DVA Minister................................................... 62

70.......... Delegations by the Secretary............................................................ 63

71.......... Delegations by the DVA Secretary.................................................. 64

72.......... Authorisations by the Secretary....................................................... 64

Division 4—Other matters                                                                                      66

73.......... Compensation for acquisition of property....................................... 66

74.......... Regulations....................................................................................... 66

 


A Bill for an Act to enhance the provision of Commonwealth benefits, and for related purposes

The Parliament of Australia enacts:

Part 1Introduction

Division 1Preliminary

1  Short title

                   This Act may be cited as the Human Services (Enhanced Service Delivery) Act 2007.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

 

2.  Sections 3 to 74

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 18 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

 

Note:          This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.


 

Division 2What this Act is about

3  What this Act is about

This Act establishes the Register and the access card.

This Part deals with introductory matters such as definitions (see Division 3), the objects and purposes of this Act (see Division 4) and the application of this Act (see Division 5).

Part 2 deals with registration. To get an access card, you must be registered on the Register. That Part tells you what needs to happen for you to get registered. It also deals with the Register.

Part 3 is about the access card. That Part tells you what needs to happen for you to get your own access card. It also deals with ownership of, and information on, your access card.

Part 4 sets out the offences against this Act.

Part 5 deals with miscellaneous matters.


 

Division 3Interpretation

4  Identifying defined terms

             (1)  Many of the terms in this Act are defined in section 5.

             (2)  Most of the terms that are defined in section 5 are identified by an asterisk appearing at the start of the term: as in “*Commonwealth benefit”. The footnote with the asterisk contains a signpost to section 5.

             (3)  An asterisk usually identifies the first occurrence of a term in a section (if not divided into subsections), subsection or definition. Later occurrences of the term in the same provision are not usually asterisked.

             (4)  Terms are not asterisked in headings, notes, examples, explanatory tables, guides, outline provisions or diagrams.

             (5)  If a term is not identified by an asterisk, disregard that fact in deciding whether or not to apply to that term a definition or other interpretation provision.

             (6)  The following basic terms used throughout the Act are not identified with an asterisk:

 

Terms that are not identified

Item

This term

is defined in section

1

access card

5

2

holder

5

3

owner

5

4

Secretary

5

5

you

5

 

5  Definitions

                   In this Act:

access card means the card:

                     (a)  known as the Health and Social Services Access Card, or such other name determined under section 27; and

                     (b)  issued by the Secretary under section 24;

and includes the *chip in the card.

Australian citizen means an individual who is an Australian citizen under the Australian Citizenship Act 1948.

Australian resident means an individual who is an Australian resident within the meaning of:

                     (a)  section 3 or 8 of the A New Tax System (Family Assistance) Act 1999; or

                     (b)  section 10 of the Child Support (Assessment) Act 1989; or

                     (c)  section 3 of the Health Insurance Act 1973; or

                     (d)  section 4 of the Hearing Services Administration Act 1997; or

                     (e)  section 7 of the Social Security Act 1991; or

                      (f)  section 5G of the Veterans’ Entitlements Act 1986.

authorised person means an individual appointed to be an authorised person under section 72.

benefit includes:

                     (a)  a pension, allowance, concession, grant or payment; and

                     (b)  a card or voucher entitling its holder to a concession or a payment of any kind.

benefit card means any of the following:

                     (a)  a *PBS Entitlement Card;

                     (b)  a *PBS Safety Net Concession Card;

                     (c)  a *Pensioner Concession Card;

                     (d)  a *Health Care Card;

                     (e)  a *Reciprocal Health Care Card;

                      (f)  a *Medicare Card, but only if it is held by an individual who is:

                              (i)  an eligible person within the meaning of the Health Insurance Act 1973 because of section 6 or 6A of that Act; or

                             (ii)  covered by paragraph (f) of the definition of Australian resident in section 3 of the Health Insurance Act 1973;

                     (g)  a *Commonwealth Seniors Health Card;

                     (h)  a *Cleft Lip and Palate Card;

                      (i)  a *DVA Gold Card;

                      (j)  a *DVA White Card;

                     (k)  a *DVA Orange Card;

                      (l)  the card known as the War Widow/Widower Transport Card and issued by the *DVA Secretary;

                    (m)  a card or voucher prescribed by the regulations.

chip means a microchip or any other device that stores or processes information.

Cleft Lip and Palate Card means the card known as the Cleft Lip and Cleft Palate Patient Identification Card and issued by the Chief Executive Officer of Medicare Australia.

Commonwealth authority has the same meaning as in section 7 of the Commonwealth Authorities and Companies Act 1997.

Commonwealth benefit means a *benefit or service that:

                     (a)  is provided to an individual (whether under a Commonwealth law or otherwise); and

                     (b)  is administered or delivered, wholly or partly, by a *participating agency.

Commonwealth company has the same meaning as in section 34 of the Commonwealth Authorities and Companies Act 1997.

Commonwealth officer means an individual who:

                     (a)  is in the service or employment of the Commonwealth, a *Commonwealth authority or a *Commonwealth company; or

                     (b)  holds or performs the duties of any office or position established by a law of the Commonwealth; or

                     (c)  is in the service or employment of a body established by a law of the Commonwealth.

Commonwealth Seniors Health Card means a seniors heath card under the Social Security Act 1991 or the Veterans’ Entitlements Act 1986.

delegate means an individual to whom a power or function has been delegated or sub‑delegated under Division 3 of Part 5.

dishonest, in relation to a person’s conduct, means:

                     (a)  dishonest according to the standards of ordinary people; and

                     (b)  known by the person to be dishonest according to the standards of ordinary people.

document includes:

                     (a)  any paper or other material on which there is writing; and

                     (b)  any paper or other material on which there are marks, figures, symbols or perforations that are:

                              (i)  capable of being given a meaning by persons qualified to interpret them; or

                             (ii)  capable of being responded to by a computer, a machine or an electronic device; and

                     (c)  any article or material from which sounds, images or writings are capable of being reproduced with or without the aid of any other article or device.

DVA means the Department that administers the Veterans’ Entitlements Act 1986.

DVA dependant means an individual who:

                     (a)  is a dependant of a deceased *veteran; and

                     (b)  is entitled to a pension at the rate specified in subsection 30(2) of the Veterans’ Entitlements Act 1986.

DVA Gold Card means the card known as the Repatriation Health Card—For All Conditions that evidences an individual’s entitlement, under the Veterans’ Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004, to be provided with treatment for all injuries or diseases.

DVA individual means an individual who:

                     (a)  is eligible or qualified for a *Commonwealth benefit under:

                              (i)  the Veterans’ Entitlements Act 1986; or

                             (ii)  the Military Rehabilitation and Compensation Act 2004; or

                            (iii)  the Safety, Rehabilitation and Compensation Act 1988 in relation to a defence‑related claim (within the meaning of Part XI of that Act); or

                            (iv)  the Australian Participants in British Nuclear Tests (Treatment) Act 2006; or

                             (v)  the scheme known as the Study of Health Outcomes in Aircraft Maintenance Personnel Health Care Scheme; or

                     (b)  is eligible or qualified for an ex‑gratia lump sum payment in relation to F‑111 aircraft deseal/reseal work; or

                     (c)  is determined by the *DVA Minister under section 67 to be a DVA individual.

DVA Minister means the Minister administering the *DVA.

DVA Orange Card means the card known as the Repatriation Pharmaceutical Benefits Card that evidences an individual’s entitlement, under the Veterans’ Entitlements Act 1986, to pharmaceutical benefits.

DVA Secretary means the Secretary of the *DVA.

DVA White Card means the card known as the Repatriation Health Card—For Specific Conditions that evidences an individual’s entitlement, under:

                     (a)  the Veterans’ Entitlements Act 1986; or

                     (b)  the Military Rehabilitation and Compensation Act 2004; or

                     (c)  an international agreement to which Australia is a party;

to be provided with treatment for specific injuries or diseases only.

false access card means a *document that is not an access card but that purports to be an access card.

former prisoner of war means an individual who:

                     (a)  is a *veteran; and

                     (b)  was a prisoner of war when he or she was on operational service (within the meaning of the Veterans’ Entitlements Act 1986).

Health Care Card means a health care card under the Social Security Act 1991 (and includes the card known as the Low Income Health Care Card and the card known as the Foster Child Health Care Card).

holder of a card (other than an access card) means the individual to whom the card was issued.

inappropriate name means a name that:

                     (a)  is obscene or offensive; or

                     (b)  could not practicably be established by repute or usage:

                              (i)  because it is too long; or

                             (ii)  because it consists of or includes symbols without phonetic significance; or

                            (iii)  for some other reason; or

                     (c)  includes or resembles an official title or rank; or

                     (d)  is contrary to the public interest for some other reason.

information in the *chip in an access card includes software in the chip.

International Classification of Diseases means the most recent classification of diseases endorsed by the World Health Organisation.

legal name of an individual means:

                     (a)  the name on a certificate, entry or record of the individual’s birth, being a certificate granted or entry or record made by the Registrar of births, deaths and marriages (however described) of a State or Territory; or

                     (b)  the name on the individual’s Australian passport issued under the Australian Passports Act 2005; or

                     (c)  the name on a certificate of citizenship granted to the individual under the Australian Citizenship Act 1948; or

                     (d)  the name on a certificate, entry or record of the individual’s marriage, being a certificate granted or entry or record made by the Registrar of births, deaths and marriages (however described) of a State or Territory; or

                     (e)  the name included, by way of effecting a name change of the individual, on a register kept under a law of a State or Territory by the Registrar of births, deaths and marriages (however described) of the State or Territory; or

                      (f)  if none of paragraphs (a) to (e) apply to the individual—the name on a passport issued to the individual by a foreign country; or

                     (g)  if none of paragraphs (a) to (f) apply to the individual—the name on a document prescribed by the regulations.

Note:       For prescription of documents by class, see subsection 13(3) of the Legislative Instruments Act 2003.

Medicare Card has the same meaning as in subsection 84(1) of the National Health Act 1953.

medicare number has the same meaning as in subsection 84(1) of the National Health Act 1953.

owner of an access card means the individual to whom the card was issued.

participating agency means any of the following:

                     (a)  the Department;

                     (b)  the *DVA;

                     (c)  the Chief Executive Officer of Medicare Australia;

                     (d)  the Chief Executive Officer of Centrelink;

                     (e)  Australian Hearing Services;

                      (f)  Health Services Australia Limited.

PBS Entitlement Card means a pharmaceutical benefits entitlement card issued under section 84E of the National Health Act 1953, and includes an additional entitlement card, or a replacement entitlement card, issued under section 84H of that Act.

PBS Safety Net Concession Card means a safety net concession card issued under section 84DA of the National Health Act 1953, and includes an additional concession card, or a replacement concession card, issued under section 84H of that Act.

Pensioner Concession Card means a pensioner concession card under the Social Security Act 1991.

Privacy Commissioner means the Privacy Commissioner within the meaning of the Privacy Act 1988.

Reciprocal Health Care Card means the card issued to an individual who is a visitor to Australia to whom an international agreement made under subsection 7(1) of the Health Insurance Act 1973 relates.

Register means the Register established by the Secretary under section 16.

Secretary means the Secretary of the Department.

veteran has the same meaning as in section 5C of the Veterans’ Entitlements Act 1986.

war widow has the same meaning as in section 5E of the Veterans’ Entitlements Act 1986.

war widower has the same meaning as in section 5E of the Veterans’ Entitlements Act 1986.

you means an individual.


 

Division 4Objects and purposes of this Act

6  Objects of this Act

             (1)  The objects of this Act are:

                     (a)  to reduce the complexity of accessing *Commonwealth benefits, particularly for those who are most in need of assistance; and

                     (b)  to facilitate a more convenient, user‑friendly and reliable method of accessing Commonwealth benefits; and

                     (c)  to reduce fraud on the Commonwealth in relation to the provision of Commonwealth benefits; and

                     (d)  to improve access to Australian Government relief in emergency situations; and

                     (e)  to permit access card owners to use their access cards for such other lawful purposes they choose.

             (2)  It is also an object of this Act that access cards are not to be used as, and do not become, national identity cards.

7  The purposes of this Act

                   The purposes of this Act are to facilitate the provision of *benefits, services, programs or facilities to some or all members of the public (whether under a Commonwealth law or otherwise), where that provision involves a *participating agency.

8  Administration of this Act to accord with Australian Government policy

Policy statement

             (1)  The Minister may, in consultation with the *DVA Minister, prepare a written statement of the policy of the Australian Government in relation to the administration of this Act. The Minister may give a copy of the statement to the Secretary and the *DVA Secretary.

Secretary

             (2)  If the Minister gives a copy of the statement to the Secretary, then:

                     (a)  the Secretary; and

                     (b)  a person who is delegated or sub‑delegated a power or function of the Secretary under section 70; and

                     (c)  an *authorised person;

must have regard to the statement in exercising powers and performing functions under this Act.

             (3)  If the Minister gives a copy of the statement to the Secretary, the Minister must cause a copy of the statement to be laid before each House of the Parliament within 15 sitting days of that House after the Minister gives the copy.

DVA Secretary

             (4)  If the Minister gives a copy of the statement to the *DVA Secretary, then:

                     (a)  the DVA Secretary; and

                     (b)  a person who is delegated a power or function of the DVA Secretary under section 71;

must have regard to the statement in exercising powers and performing functions under this Act.

             (5)  If the Minister gives a copy of the statement to the *DVA Secretary, the Minister must cause a copy of the statement to be laid before each House of the Parliament within 15 sitting days of that House after the Minister gives the copy.

Policy statement not a legislative instrument

             (6)  A statement prepared under subsection (1) is not a legislative instrument.


 

Division 5Application of this Act

9  This Act binds the Crown

             (1)  This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, and of the Northern Territory.

             (2)  However, this Act does not make the Crown liable to be prosecuted for an offence.

10  Extension to external Territories

             (1)  This Act extends to every external Territory.

             (2)  However, this Act (other than Part 4 (offences) and the rest of this Act so far as it relates to that Part) does not extend to Norfolk Island.


 

Part 2Registration

Division 1What this Part is about

11  What this Part is about

This Part is about registration. You need to be registered on the Register before you can get an access card.

Division 2 tells you how you can get registered. To be registered, you must be eligible and apply.

Division 3 is about the Register. It has the information about you that is included on the Register. It also has the Secretary’s obligations in relation to the Register.


 

Division 2Getting registered

12  Are you eligible to be registered?

                   You are eligible to be registered on the *Register if:

                     (a)  you are eligible or qualified for a *Commonwealth benefit; and

                     (b)  you are not already registered.

13  Applying for registration

             (1)  You, or someone else on your behalf, may apply to the Secretary for you to be registered on the *Register by:

                     (a)  lodging a written application in accordance with subsection (2); or

                     (b)  making an application (whether or not in writing) in a manner approved by the Secretary.

             (2)  For the purposes of paragraph (1)(a), a written application must:

                     (a)  be in the form approved by the Secretary; and

                     (b)  be accompanied by such other specified information or specified *document that the Secretary:

                              (i)  determines is needed for the Secretary to be satisfied of your identity; or

                             (ii)  determines is needed to obtain information that is required to be included on the *Register.

Note:          When making a determination under subparagraph (2)(b)(i), the Secretary must take into account identity guidelines that are in force: see section 66.

             (3)  In approving a form under paragraph (2)(a), the Secretary must:

                     (a)  consult with the *Privacy Commissioner; and

                     (b)  take into account any comments made by the Privacy Commissioner.

However, a failure to comply with this requirement does not affect the validity of the approval of the form.

             (4)  For the purposes of assessing your application, the Secretary may request you to give the Secretary specified additional information or a specified additional *document that the Secretary:

                     (a)  determines is needed for the Secretary to be satisfied that you are eligible to be registered; or

                     (b)  determines is needed for the Secretary to be satisfied of your identity; or

                     (c)  determines is needed to obtain information that is required to be included on the *Register.

Note:          When making a determination under paragraph (4)(b), the Secretary must take into account identity guidelines that are in force: see section 66.

14  When the Secretary must register you

                   The Secretary must register you if:

                     (a)  you are eligible to be registered (see section 12); and

                     (b)  in accordance with section 13, you applied, or someone else applied on your behalf, for you to be registered; and

                     (c)  the Secretary determines that he or she is satisfied of your identity.

Note:          When making a determination under paragraph (c), the Secretary must take into account identity guidelines that are in force: see section 66.

15  When registration happens

             (1)  You are registered when the Secretary includes on the *Register:

                     (a)  either:

                              (i)  your legal name, unless you are exempted from this requirement (see section 65); or

                             (ii)  if you are so exempted—your preferred name; and

                     (b)  the date of effect of the registration.

             (2)  The date specified as the date of effect of your registration may be any date (including a date before your application for registration was made).

             (3)  The Secretary must give you a written notice of the registration.


 

Division 3The Register

16  The Register

             (1)  The Secretary must establish and maintain the *Register.

             (2)  The *Register may be kept in any form or manner that the Secretary considers appropriate.

             (3)  The *Register is not a legislative instrument.

17  Information on the Register

             (1)  Once you are registered, the Secretary must include on the *Register the information set out in the following table.

 

Information on the Register

Item

Topic

The Secretary must include this information on the Register:

1

name

(a) your *legal name, unless you are exempted from this requirement (see section 65);

(b) if you are so exempted—your preferred name;

(c) if you are not so exempted, your preferred name is different from your legal name and you request the Secretary to include your preferred name on the *Register—that preferred name;

(d) if you have another name and either you request the Secretary to include that name on the Register or that name is known to the Secretary—that other name;

(e) if you are entitled to be known by the title “Mr”, “Mrs”, “Ms”, “Miss” or “Dr” and you request the Secretary to include that title on the Register—that title;

(f) if you have been awarded an honour under the Australian or British honours system and you request the Secretary to include that honour on the Register—that honour;

 

2

birth

your date of birth, unless the Secretary determines that it need not be included on the *Register;

3

citizenship or residency

(a) if you are an Australian citizen—that fact;

(b) if you are an *Australian resident—that fact, and such other information about that fact as is determined by the Secretary;

(c) if you are a visitor to Australia to whom an international agreement relates, being an agreement made between Australia and a foreign country under subsection 7(1) of the Health Insurance Act 1973—that fact, and such other information about that fact as is determined by the Secretary;

4

Indigenous status

(a) if you are an Aboriginal person (within the meaning of the Aboriginal and Torres Strait Islander Act 2005) and you request the Secretary to include that fact on the Register—that fact;

(b) if you are a Torres Strait Islander (within the meaning of the Aboriginal and Torres Strait Islander Act 2005) and you request the Secretary to include that fact on the Register—that fact;

5

sex

your sex;

6

contact details

(a) if you have a residential address—that address;

(b) if you have a postal address—that address;

(c) if you request the Secretary to have your email address included on the *Register—that address;

(d) if you request the Secretary to have your phone number included on the Register—that number;

(e) if you are visually impaired and you request the Secretary to include on the Register information about a reasonable manner or format in which you would prefer correspondence to be provided to you—that information;

7

benefit cards

if you hold a *benefit card—such information about that card as is determined by the Secretary;

8

registration status

(a) the date of effect of your registration;

(b) if your registration has been suspended or cancelled—that fact;

(c) if the Secretary determines that your proof of identity is full—the word “full”;

(d) if the Secretary determines that your proof of identity is interim—the word “interim”;

9

access card (except DVA information)

if you own an access card—the following information:

(a) your access card number;

(b) the date your access card was issued;

(c) the expiry date of your access card;

(d) if there is a personal identification number for your access card—that number, protected by encryption or other technological protection measure;

(e) if there is other information (for example, a password) for authenticating your identity—that information, protected by encryption or other technological protection measure;

(f) if your photograph is on the surface of your access card—that photograph and a numerical template of you derived from that photograph;

(g) if your digitised signature is on the surface of your access card—that signature;

(h) if your access card has expired, or is deactivated, suspended or cancelled—that fact;

(i) if you hold a *benefit card (other than a *DVA Gold Card), the Secretary determined that a colour is associated with that card and you request the Secretary to have that colour for your access card—that colour;

(j) if your date of birth is on the surface of your access card—that fact;

(k) if the word “Blind” is on the surface of your access card—that fact;

10

access card (DVA information)

if you own an access card and you are a *DVA individual—the following information:

(a) if the acronym “TPI” is on the surface of your access card—that fact;

(b) if the word “Blind” is on the surface of your access card—that fact;

(c) if the acronym “POW” is on the surface of your access card—that fact;

(d) if the acronym “EDA” is on the surface of your access card—that fact;

(e) if the phrase “war widow” or “war widower” is on the surface of your access card—that fact;

(f) if the phrase “DVA dependant” is on the surface of your access card—that fact;

(g) if the phrase “DVA White Card holder” is on the surface of your access card—that fact;

(h) if you hold a *DVA Gold Card and you request the Secretary not to have gold as the colour of your access card—that request;

11

DVA information

(a) if a special rate of pension under section 24 of the Veterans’ Entitlements Act 1986 is payable to you because you are totally and permanently incapacitated—the acronym “TPI”;

(b) if a special rate of pension under subsection 24(3) of the Veterans’ Entitlements Act 1986 is payable to you because you are blinded in both eyes—the word “Blind”;

(c) if you are a *former prisoner of war—the acronym “POW”;

(d) if a pension at the rate specified by subsection 22(4) of the Veterans’ Entitlements Act 1986 is payable to you because you are entitled to extreme disablement adjustment—the acronym “EDA”;

(e) if you are a *war widow or *war widower—the phrase “war widow” or “war widower” (as the case requires);

(f) if you are a *DVA dependant—the phrase “DVA dependant”;

(g) if you hold a *DVA White Card—the phrase “DVA White Card holder”;

(h) if you are a *DVA individual, you are entitled to be known by a rank as a result of your military service and you request the Secretary to include that rank on the Register—that rank;

12

documents produced to prove identity

(a) if the Secretary determines that a copy of a *document you produced in relation to proving your identity is to be included on the *Register—that copy;

(b) if the Secretary determines that information about a document you produced in relation to proving your identity is to be included on the Register—that information;

13

statements required by legislation

if the Privacy Act 1988, the Freedom of Information Act 1982 or other Commonwealth law requires a statement to be included on the Register—that statement;

14

participating agency

if you have a relationship with any of the *participating agencies—a flag identifying that fact;

15

emergency payment number

if you have an emergency payment number—that number;

16

death

if you die—the date of the death;

17

other information

(a) such other technical or administrative information that:

(i) does not expressly identify you by name or other personal identifiers; and

(ii) is determined by the Secretary; and

(iii) is reasonably necessary for the administration of the *Register or your access card;

(b) such other information that is determined, by legislative instrument, by the Minister and that is for the purposes of this Act.

 

             (2)  A determination made by the Secretary under item 2, 3, 7, 8, 9, 12 or 17 of the table in subsection (1) is not a legislative instrument.

18  When the Secretary may not include information on the Register

             (1)  Despite subsection 17(1), the Secretary must not include particular information about you on the *Register if:

                     (a)  the Secretary considers it would be inappropriate to do so because of your inclusion in the National Witness Protection Program; or

                     (b)  to do so would be inconsistent with a Commonwealth law.

             (2)  Despite subsection 17(1), the Secretary must not include your preferred name or other name on the *Register if the Secretary is satisfied that use of that name is prohibited by a law of the Commonwealth, a State or a Territory.

             (3)  Despite subsection 17(1), the Secretary may refuse to include your preferred name or other name on the *Register if the Secretary is satisfied that the name is an*inappropriate name.

19  Temporary information on the Register

                   If you own an access card, the following *information may be temporarily included on the *Register until it is transferred to the Commonwealth’s area of the *chip in your card:

                     (a)  if you have a *medicare number—that number;

                     (b)  if you hold a *Reciprocal Health Care Card—the number of that card;

                     (c)  if the *DVA has allocated you a DVA file number—that number;

                     (d)  if you hold a *DVA White Card and you have a condition that has a code under the *International Classification of Diseases—that code.

20  Register not to contain any other information

                   The *Register must contain only the information specified in subsection 17(1) and section 19.


 

Part 3The access card

Division 1What this Part is about

21  What this Part is about

This Part is about the access card.

Division 2 tells you how you can get an access card. To get one, you must be eligible and apply for it.

Division 3 is about the official name, symbol and form of the access card.

Division 4 is about the information that is on or in your access card. That information is either on the surface of your card or in the chip in your card. The chip consists of 2 areas: your area and the Commonwealth’s area.

Division 5 is about ownership of your access card.

Division 6 is about how you may use your access card.


 

Division 2Getting an access card

22  Are you eligible for an access card?

                   You are eligible for an access card if:

                     (a)  you are registered on the *Register; and

                     (b)  you are at least 18, or you are exempted from this requirement (see section 65); and

                     (c)  you do not own an access card that is in force.

23  Applying for an access card

             (1)  You, or someone else on your behalf, may apply to the Secretary for an access card for you by:

                     (a)  lodging a written application in accordance with subsection (2); or

                     (b)  making an application (whether or not in writing) in a manner approved by the Secretary.

             (2)  For the purposes of paragraph (1)(a), a written application must:

                     (a)  be in the form approved by the Secretary; and

                     (b)  be accompanied by such other specified information or specified *document that the Secretary:

                              (i)  determines is needed for the Secretary to be satisfied of your identity; or

                             (ii)  determines is needed to obtain information that is required to be included on or in your access card, or on the *Register in relation to your access card.

Note:          When making a determination under subparagraph (2)(b)(i), the Secretary must take into account identity guidelines that are in force: see section 66.

             (3)  In approving a form under paragraph (2)(a), the Secretary must:

                     (a)  consult with the *Privacy Commissioner; and

                     (b)  take into account any comments made by the Privacy Commissioner.

However, a failure to comply with this requirement does not affect the validity of the approval of the form.

             (4)  For the purposes of assessing your application, the Secretary may request you to give the Secretary specified additional information or a specified additional *document that the Secretary:

                     (a)  determines is needed for the Secretary to be satisfied that you are eligible for an access card; or

                     (b)  determines is needed for the Secretary to be satisfied of your identity; or

                     (c)  determines is needed to obtain information that is required to be included on or in your access card, or on the *Register in relation to your access card.

Note:          When making a determination under paragraph (4)(b), the Secretary must take into account identity guidelines that are in force: see section 66.

24  When the Secretary must issue you an access card

             (1)  The Secretary must issue you an access card if:

                     (a)  you are eligible for an access card (see section 22); and

                     (b)  you applied, or someone else applied on your behalf, for it in accordance with section 23; and

                     (c)  you attended an interview in the manner determined by the Secretary, or you are exempted from this requirement (see section 65); and

                     (d)  your photograph was taken in the manner determined by the Secretary, or you are exempted from this requirement (see section 65); and

                     (e)  you provided your signature in the manner determined by the Secretary, or you are exempted from this requirement (see section 65); and

                      (f)  the Secretary determines that he or she is satisfied of your identity; and

                     (g)  you satisfy such other requirements that are determined, by legislative instrument, by the Minister and that are for the purposes of this Act.

Note:          When making a determination under paragraph (1)(f), the Secretary must take into account identity guidelines that are in force: see section 66.

             (2)  Your access card is not a legislative instrument.

25  When the Secretary issues you your access card

                   The Secretary is taken to have issued you your access card when:

                     (a)  the Secretary sends your access card to you by post, or such other method as the Secretary determines; or

                     (b)  you collect your access card from a place determined by the Secretary.

26  Period of validity of your access card

                   Your access card is in force for the period:

                     (a)  that begins when your card is issued to you (see section 25); and

                     (b)  ends on the earlier of the following:

                              (i)  the expiry date specified by the Secretary on your card;

                             (ii)  the expiration of 10 years.


 

Division 3Name and form of access cards

27  Name, symbol and form of an access card

Name and symbol

             (1)  The access card is to be known as the Health and Social Services Access Card, or such other name as the Minister determines in writing.

             (2)  The Minister may determine, in writing, any symbol used in relation to the access card.

             (3)  If the Minister determines a name or symbol under this section, the Minister must publish a notice of that determination in a newspaper circulating in each State, in the Australian Capital Territory and in the Northern Territory.

Form of access card

             (4)  The access card is to be in such form as the Minister determines in writing.

Determinations not legislative instruments

             (5)  A determination under subsection (1), (2) or (4) is not a legislative instrument.

Note:          The Minister may make more than one determination under subsection (1), (2) or (4): see subsection 33(1) of the Acts Interpretation Act 1901.

28  Commonwealth’s acquisition of access card name and symbols

             (1)  All property in a protected name and a protected symbol vests with the Commonwealth by force of this section.

             (2)  If, immediately before the protection time, property in a protected symbol or a protected name vests with a person other than the Commonwealth, property in the name or symbol is, by force of this section, vested in the Commonwealth at the protection time.

Note:          See section 73 for the circumstances when the Commonwealth will be liable to pay compensation to a person for acquiring the person’s property.

             (3)  In this section:

protected name means:

                     (a)  Health and Social Services Access Card; and

                     (b)  if the Minister determines another name under section 27 (whether or not that determination remains in force)—that name.

protected symbol means a symbol determined by the Minister under section 27 (whether or not that determination remains in force).

protection time means:

                     (a)  in relation to the protected name “Health and Social Services Access Card”—13 December 2006; and

                     (b)  in relation to another protected name—the time the Minister determines the protected name under section 27; and

                     (c)  in relation to a protected symbol—the time the Minister determines the protected symbol under section 27.


 

Division 4Information on your access card

29  Information on your access card

                   Information on your access card consists of:

                     (a)  information that is on the surface of your card; and

                     (b)  *information that is in the *chip in your card.

30  Information on the surface of your access card

                   The Secretary must include on the surface of your access card the information set out in the following table.

 

Information on the surface of your access card

Item

Topic

The Secretary must include this information on the surface of your access card:

1

name

(a) your *legal name, unless paragraph (b) applies;

(b) if you are exempted under section 65 from providing your legal name, or your preferred name is different from your legal name and you request the Secretary to include that name on the surface of your access card—your preferred name;

2

card number

your access card number;

3

card expiry date

the expiry date of your access card;

4

photograph

if your photograph was taken in accordance with paragraph 24(1)(d)—that photograph;

5

signature

if you provided your signature in accordance with paragraph 24(1)(e)—that signature digitised;

6

date of birth

if you request the Secretary to include your date of birth on the surface of your access card—that date;

7

DVA information

(a) if a special rate of pension under section 24 of the Veterans’ Entitlements Act 1986 is payable to you and you request the Secretary to include on the surface of your access card information that you are totally and permanently incapacitated—the acronym “TPI”;

(b) if a special rate of pension under subsection 24(3) of the Veterans’ Entitlements Act 1986 is payable to you because you are blinded in both eyes and you request the Secretary to include that information on the surface of your access card—the word “Blind”;

(c) if you are a *former prisoner of war and you request the Secretary to include that information on the surface of your access card—the acronym “POW”;

(d) if a pension at the rate specified by subsection 22(4) of the Veterans’ Entitlements Act 1986 is payable to you and you request the Secretary to include on the surface of your access card information that you are entitled to extreme disablement adjustment—the acronym “EDA”;

(e) if you are a *war widow or *war widower and you request the Secretary to include that information on the surface of your access card—the phrase “war widow” or “war widower” (as the case requires);

(f) if you are a *DVA dependant and you request the Secretary to include that information on the surface of your access card—the phrase “DVA dependant”;

(g) if you hold a *DVA White Card and you request the Secretary to include that information on the surface of your access card—the phrase “DVA White Card holder”;

8

Blind disability support pensioners

if disability support pension on the basis of blindness is payable to you under section 95 of the Social Security Act 1991 and you request the Secretary to include that information on the surface of your access card—the word “Blind”.

 

31  Your name

             (1)  Despite section 30, the Secretary must not include your preferred name on the surface of your access card under that section if the Secretary is satisfied that use of that name is prohibited by a law of the Commonwealth, a State or a Territory.

             (2)  Despite section 30, the Secretary may refuse to include your preferred name on the surface of your access card under that section if the Secretary is satisfied that the name is an *inappropriate name.

             (3)  The Secretary may abbreviate your *legal name or your preferred name on the surface of your access card if the Secretary considers that the name would not reasonably fit on the card.

32  Access card surface not to contain any other information

                   The surface of your access card must contain only the information specified in section 30.

33  Information in the chip in your access card

                   The *information in the *chip in your access card consists of 2 parts:

                     (a)  information in your area of the chip; and

                     (b)  information in the Commonwealth’s area of the chip.

34  Information in the Commonwealth’s area of the chip in your access card

             (1)  The Secretary must include in the Commonwealth’s area of the *chip in your access card the *information set out in the following table.

 

Information in the Commonwealth’s area of the chip in your access card

Item

Topic

The Secretary must include this information in the Commonwealth’s area of the chip in your access card:

1

name

(a) your *legal name, unless paragraph (b) or (c) applies;

(b) if you are not exempted under section 65 from providing your legal name and your preferred name is on the surface of your access card—your legal name, protected by the personal identification number for your access card, and your preferred name;

(c) if you are exempted under section 65 from providing your legal name and your preferred name is on the surface of your access card—your preferred name;

2

date of birth

if you request the Secretary to include your date of birth in the Commonwealth’s area of the *chip in your access card—that date;

3

sex

your sex;

4

residential address

if you have a residential address—that address, unless you are exempted from this requirement (see section 65);

5

photograph

if your photograph is on the surface of your access card—that photograph;

6

signature

if your digitised signature is on the surface of your access card—that signature;

7

card number

your access card number;

8

card expiry date

the expiry date of your access card;

9

card PIN etc.

(a) if there is a personal identification number for your access card—that number, protected by encryption or other technological protection measure;

(b) if there is other information (for example, a password) for authenticating your identity—that information, protected by encryption or other technological protection measure;

10

benefit cards

if you hold a *benefit card—such information about that card as is determined by the Secretary;

11

medicare number

if you have a *medicare number—that number;

12

Reciprocal Health Care Card number

if you hold a *Reciprocal Health Care Card—the number of that card;

13

emergency payment number

if you have an emergency payment number—that number;

14

registration status

(a) if the Secretary has determined under item 8 of the table in subsection 17(1) that your proof of identity is full—the word “full”;

(b) if the Secretary has determined under item 8 of the table in subsection 17(1) that your proof of identity is interim—the word “interim”;

15

DVA information

(a) if *DVA has allocated you a DVA file number—that number;

(b) if a special rate of pension under section 24 of the Veterans’ Entitlements Act 1986 is payable to you because you are totally and permanently incapacitated—the acronym “TPI”;

(c) if a special rate of pension under subsection 24(3) of the Veterans’ Entitlements Act 1986 is payable to you because you are blinded in both eyes—the word “Blind”;

(d) if you are a *former prisoner of war—the acronym “POW”;

(e) if a pension at the rate specified by subsection 22(4) of the Veterans’ Entitlements Act 1986 is payable to you because you are entitled to extreme disablement adjustment—the acronym “EDA”;

(f) if you are a *war widow or *war widower—the phrase “war widow” or “war widower” (as the case requires);

(g) if you are a *DVA dependant—the phrase “DVA dependant”;

(h) if you hold a *DVA White Card—the phrase “DVA White Card holder”;

(i) if you hold a DVA White Card and you have a condition that has a code under the *International Classification of Diseases—that code;

16

statements required by legislation

if the Privacy Act 1988, the Freedom of Information Act 1982 or other Commonwealth law requires a statement to be included in the Commonwealth’s area of the chip in your access card—that statement;

17

other information

(a) such other technical or administrative information that:

(i) does not expressly identify you by name or other personal identifiers; and

(ii) is determined by the Secretary; and

(iii) is reasonably necessary for the administration of the *Register or your access card;

(b) such other information that is determined, by legislative instrument, by the Minister and that is for the purposes of this Act.

 

             (2)  A determination made by the Secretary under item 10 or 17 of the table in subsection (1) is not a legislative instrument.

35  When the Secretary must not include information in the Commonwealth’s area of the chip in your access card

                   Despite subsection 34(1), the Secretary must not include particular *information about you in the Commonwealth’s area of the *chip in your access card if:

                     (a)  the Secretary considers it would be inappropriate to do so because of your inclusion in the National Witness Protection Program; or

                     (b)  to do so would be inconsistent with a Commonwealth law.

36  Commonwealth’s area not to contain any other information

                   The Commonwealth’s area of the *chip in your access card must contain only the *information specified in subsection 34(1).


 

Division 5Ownership of your access card

37  You own your access card

             (1)  You own your access card.

             (2)  You acquire ownership when your access card is issued to you (see section 25).

38  Ownership of intellectual property etc. in your access card

                   However, subsection 37(1) does not give you ownership of any intellectual property or *information that, at any time, is on the surface of, or in the *chip in, your access card that you would not otherwise have.

39  What you cannot do with your access card

                   Despite subsection 37(1), you cannot sell your access card, or otherwise transfer any part of your ownership of it.


 

Division 6Use of your access card

40  Your use of your access card

                   You may use your access card for any lawful purpose you choose.

41  Use of access card by officers in participating agencies

                   A *Commonwealth officer in a *participating agency may only use your access card:

                     (a)  for the purposes of this Act; or

                     (b)  with your consent.

42  No requirement for you to carry your access card

                   You are not required to carry your access card at all times.


 

Part 4Offences

Division 1What this Part is about etc.

43  What this Part is about

This Part sets out the offences against this Act. (See also the Criminal Code, which sets out general principles of criminal responsibility.)

Division 2 has offences that apply if a person requires you to produce your access card or someone else’s access card.

Division 3 has offences for doing particular things to an access card, like selling it. Subdivision A has the offences committed by others in relation to your access card or someone else’s access card. Subdivision B has the offences that apply to you and your access card.

Division 4 has other access card offences, such as dishonestly obtaining an access card.

Division 5 has offences that apply to applications for registration or for an access card.

Division 6 has offences committed by Commonwealth officers or authorised persons.

Division 7 has miscellaneous offences.

44  Geographical jurisdiction

                   Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to offences against this Act.


 

Division 2Offences for requiring production of an access card

45  Requiring production of an access card for identification

             (1)  A person commits an offence if:

                     (a)  the person requires you to produce your access card or someone else’s access card; and

                     (b)  the person does so for the purposes of identifying you or someone else; and

                     (c)  if the person is a *delegate or an *authorised person—the requirement is not made for the purposes of this Act; and

                     (d)  if the person is not a delegate or an authorised person—the requirement is not made to establish that:

                              (i)  you hold, or someone else holds, a *benefit card; or

                             (ii)  you have, or someone else has, a *medicare number.

Penalty:  Imprisonment for 5 years or 500 penalty units, or both.

             (2)  A person commits an offence if:

                     (a)  the person makes a statement (whether orally, in writing or any other way) to you that you could reasonably understand to mean that you are required to produce your access card or someone else’s access card; and

                     (b)  the person does so for the purposes of identifying you or someone else; and

                     (c)  if the person is a *delegate or an *authorised person—the requirement is not made for the purposes of this Act; and

                     (d)  if the person is not a delegate or an authorised person—the requirement is not made to establish that:

                              (i)  you hold, or someone else holds, a *benefit card; or

                             (ii)  you have, or someone else has, a *medicare number.

Penalty:  Imprisonment for 2 years or 120 penalty units, or both.

46  Requiring production of an access card for supply of goods and services etc.

             (1)  A person commits an offence if:

                     (a)  the person requires you to produce your access card or someone else’s access card; and

                     (b)  the person does so in connection with a matter referred to in subsection (3); and

                     (c)  if the person is a *delegate or an *authorised person—the requirement is not made for the purposes of this Act; and

                     (d)  if the person is not a delegate or an authorised person—the requirement is not made to establish that:

                              (i)  you hold, or someone else holds, a *benefit card; or

                             (ii)  you have, or someone else has, a *medicare number.

Penalty:  Imprisonment for 5 years or 500 penalty units, or both.

             (2)  A person commits an offence if:

                     (a)  the person makes a statement (whether orally, in writing or any other way) to you that you could reasonably understand to mean that you are required to produce your access card or someone else’s access card; and

                     (b)  the person does so in connection with a matter referred to in subsection (3); and

                     (c)  if the person is a *delegate or an *authorised person—the requirement is not made for the purposes of this Act; and

                     (d)  if the person is not a delegate or an authorised person—the requirement is not made to establish that:

                              (i)  you hold, or someone else holds, a *benefit card; or

                             (ii)  you have, or someone else has, a *medicare number.

Penalty:  Imprisonment for 2 years or 120 penalty units, or both.

             (3)  For the purposes of paragraphs (1)(b) and (2)(b), the matters are as follows:

                     (a)  supplying goods or services to you or someone else;

                     (b)  conferring any right, title or advantage on you or someone else;

                     (c)  admitting you or someone else to a status;

                     (d)  modifying or cancelling a status in relation to you or someone else;

                     (e)  admitting you or someone else to membership of an association or body (whether incorporated or not);

                      (f)  renewing or continuing your membership, or someone else’s membership, of an association or body (whether incorporated or not);

                     (g)  accepting an application from you or someone else for appointment to an office;

                     (h)  making an agreement with you or someone else;

                      (i)  making facilities available to you or someone else;

                      (j)  allowing you or someone else access to, or use of, any premises;

                     (k)  making an offer of employment to you or someone else.


 

Division 3Offences for doing things to access cards

Subdivision AOffences committed by others

47  Defacing or damaging someone else’s access card

                   A person commits an offence if the person:

                     (a)  defaces or damages an access card; and

                     (b)  is not the owner of the access card.

Penalty:  Imprisonment for 5 years or 500 penalty units, or both.

48  Changing information in the Commonwealth’s area of the chip in someone else’s access card

                   A person commits an offence if:

                     (a)  the person changes any *information in the Commonwealth’s area of the *chip in an access card; and

                     (b)  the person is not the owner of the access card; and

                     (c)  either:

                              (i)  the person is not a *delegate or an *authorised person; or

                             (ii)  the person is a delegate or an authorised person but the person does not make the change for the purposes of this Act.

Penalty:  Imprisonment for 5 years or 500 penalty units, or both.

49  Selling etc. someone else’s access card

                   A person commits an offence if the person:

                     (a)  sells an access card, or otherwise transfers any part of the ownership of it; and

                     (b)  is not the owner of the access card.

Penalty:  Imprisonment for 10 years or 1,000 penalty units, or both.

Subdivision BOffences committed by you in relation to your access card

50  Defacing or damaging your access card: dishonest intent

             (1)  You commit an offence if:

                     (a)  you deface or damage your access card; and

                     (b)  you do so with the intention of *dishonestly obtaining an advantage (whether financial or otherwise) for yourself or any other person.

Penalty:  Imprisonment for 5 years or 500 penalty units, or both.

             (2)  In a prosecution for an offence against subsection (1), the determination of *dishonesty is a matter for the trier of fact.

51  Changing information in the Commonwealth’s area of the chip in your access card: dishonest intent

             (1)  You commit an offence if:

                     (a)  you change any *information in the Commonwealth’s area of the *chip in your access card; and

                     (b)  you do so with the intention of *dishonestly obtaining an advantage (whether financial or otherwise) for yourself or any other person.

Penalty:  Imprisonment for 5 years or 500 penalty units, or both.

             (2)  In a prosecution for an offence against subsection (1), the determination of *dishonesty is a matter for the trier of fact.

52  Changing information in the Commonwealth’s area of the chip in your access card

                   You commit an offence if you change any *information in the Commonwealth’s area of the *chip in your access card.

Penalty:  Imprisonment for 2 years or 120 penalty units, or both.

53  Selling etc. your access card

                   You commit an offence if you sell your access card, or otherwise transfer any part of your ownership of it.

Penalty:  Imprisonment for 10 years or 1,000 penalty units, or both.


 

Division 4Other access card offences

54  Unlawful access cards

             (1)  The Secretary may require a person to give an access card to the Secretary if:

                     (a)  the access card has been obtained, or the Secretary suspects on reasonable grounds has been obtained, by means of a false or misleading statement, false or misleading information or a false or misleading *document; or

                     (b)  the access card has been used, or the Secretary suspects on reasonable grounds has been used, in the commission of an offence against a law of the Commonwealth, a State or a Territory.

             (2)  The Secretary may require a person to give to the Secretary a *false access card that is in the person’s possession or control.

             (3)  A person commits an offence if:

                     (a)  the Secretary, under subsection (1) or (2), requires the person to give an access card or a *false access card to the Secretary; and

                     (b)  the Secretary informs the person that the Secretary is authorised to require the person to give the card to the Secretary; and

                     (c)  the Secretary informs the person that it may be an offence not to comply with the requirement; and

                     (d)  the person has possession or control of the card; and

                     (e)  the person fails to give the card to the Secretary immediately.

Penalty:  Imprisonment for 2 years or 120 penalty units, or both.

55  Dishonestly obtaining an access card

             (1)  A person commits an offence if:

                     (a)  the person obtains an access card; and

                     (b)  the person does so:

                              (i)  *dishonestly; or

                             (ii)  by threats.

Penalty:  Imprisonment for 10 years or 1,000 penalty units, or both.

             (2)  In a prosecution for an offence against this section, the determination of *dishonesty is a matter for the trier of fact.

             (3)  In this section:

obtain includes:

                     (a)  obtain for another person; and

                     (b)  induce a third person to do something that results in another person obtaining.

threat includes a threat that is:

                     (a)  express or implied; or

                     (b)  conditional or unconditional.

56  Possessing a false access card

             (1)  A person commits an offence if:

                     (a)  the person has possession or control of a *document; and

                     (b)  the person knows that the document is a *false access card.

Penalty:  Imprisonment for 10 years or 1,000 penalty units, or both.

             (2)  Subsection (1) does not apply if the person has a reasonable excuse.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.

57  Unauthorised copying etc. of access card number, photograph or signature

             (1)  A person commits an offence if:

                     (a)  the person does any of the following acts in relation to the access card number, photograph or signature on the surface of an access card:

                              (i)  copies or records it;

                             (ii)  keeps a copy or maintains a record of it;

                            (iii)  uses it in a manner connecting it with the identity of the owner of the access card;

                            (iv)  divulges or communicates it to a third person; and

                     (b)  the person is not the owner of the access card; and

                     (c)  either:

                              (i)  the person is not a *delegate or an *authorised person; or

                             (ii)  the person is a delegate or an authorised person but the person does not do the act for the purposes of this Act.

Penalty:  Imprisonment for 2 years or 120 penalty units, or both.

             (2)  Subsection (1) does not apply if the owner of the access card consents in writing to the doing of the act.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.


 

Division 5Offences in relation to applications for registration or access cards

58  Making false or misleading statements in relation to an application for registration or access card

             (1)  A person commits an offence if:

                     (a)  the person makes a statement (whether orally, in writing or any other way) to another person; and

                     (b)  the statement:

                              (i)  is false or misleading; or

                             (ii)  omits any matter or thing without which the statement is misleading; and

                     (c)  the statement is made in, or in connection with:

                              (i)  an application to be registered on the *Register; or

                             (ii)  an application for an access card.

Penalty:  Imprisonment for 10 years or 1,000 penalty units, or both.

             (2)  Subsection (1) does not apply:

                     (a)  as a result of subparagraph (1)(b)(i)—if the statement is not false or misleading in a material particular; or

                     (b)  as a result of subparagraph (1)(b)(ii)—if the statement did not omit any matter or thing without which the statement is misleading in a material particular.

Note:          The defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.

59  Giving false or misleading information in relation to an application for registration or access card

             (1)  A person commits an offence if:

                     (a)  the person gives information to another person; and

                     (b)  the information:

                              (i)  is false or misleading; or

                             (ii)  omits any matter or thing without which the information is misleading; and

                     (c)  the information is given in, or in connection with:

                              (i)  an application to be registered on the *Register; or

                             (ii)  an application for an access card.

Penalty:  Imprisonment for 10 years or 1,000 penalty units, or both.

             (2)  Subsection (1) does not apply:

                     (a)  as a result of subparagraph (1)(b)(i)—if the information is not false or misleading in a material particular; or

                     (b)  as a result of subparagraph (1)(b)(ii)—if the information did not omit any matter or thing without which the statement is misleading in a material particular.

Note:          The defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.

60  Producing false or misleading documents in relation to an application for registration or access card

             (1)  A person commits an offence if:

                     (a)  the person produces a *document to another person; and

                     (b)  the document is false or misleading; and

                     (c)  the document is produced in, or in connection with:

                              (i)  an application to be registered on the Register; or

                             (ii)  an application for an access card.

Penalty:  Imprisonment for 10 years or 1,000 penalty units, or both.

             (2)  Subsection (1) does not apply if the *document is not false or misleading in a material particular.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.

             (3)  Subsection (1) does not apply to a person if the *document is accompanied by a written statement signed by the person:

                     (a)  stating that the document is, to the person’s knowledge, false or misleading in a material particular; and

                     (b)  setting out, or referring to, the material particular in which the document is, to the person’s knowledge, false or misleading.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.


 

Division 6Offences by Commonwealth officers

61  Issuing an access card contrary to this Act

                   An individual commits an offence if:

                     (a)  the individual is a *delegate; and

                     (b)  the individual issues an access card; and

                     (c)  the individual knows that the issue of the access card is contrary to a provision of this Act.

Penalty:  Imprisonment for 10 years, or 1,000 penalty units, or both.

62  Abuse of public office

             (1)  An individual commits an offence if:

                     (a)  the individual is a *delegate or an *authorised person; and

                     (b)  the individual:

                              (i)  exercises any influence that the individual has in the individual’s capacity as a delegate or an authorised person; or

                             (ii)  engages in any conduct in the exercise of the individual’s duties as a delegate or an authorised person; and

                     (c)  the individual does so with the intention of:

                              (i)  *dishonestly obtaining an advantage (whether financial or otherwise) for himself or herself or any other person; or

                             (ii)  dishonestly causing a detriment to another person.

Penalty:  Imprisonment for 10 years or 1,000 penalty units, or both.

             (2)  In a prosecution for an offence against subsection (1), the determination of *dishonesty is a matter for the trier of fact.

             (3)  In this section:

detriment includes any disadvantage and is not limited to personal injury or to loss of, or damage to, property.

obtain includes:

                     (a)  obtain for another person; and

                     (b)  induce a third person to do something that results in another person obtaining.


 

Division 7Other offences

63  Protection of access card name and symbol

             (1)  A person commits an offence if the person, without the Minister’s consent, does any of the following with a protected name or protected symbol:

                     (a)  uses it in relation to a business, trade, profession or occupation; or

                     (b)  uses it as the name, or as part of the name, of any firm, body corporate, institution, premises, vehicle, ship or craft (including aircraft); or

                     (c)  applies it, as a trade mark or otherwise, to goods imported, manufactured, produced, sold, offered for sale or let on hire; or

                     (d)  uses it as part of a domain name; or

                     (e)  uses it in relation to:

                              (i)  goods or services; or

                             (ii)  the promotion, by any means, of the supply or use of goods or services.

Penalty:  30 penalty units.

             (2)  In this section:

protected name means any of the following names:

                     (a)  “Health and Social Services Access Card”;

                     (b)  a name determined under section 27 (whether or not the determination remains in force);

                     (c)  a name so closely resembling a name in paragraph (a) or (b) as to be likely to be mistaken for it.

protected symbol means:

                     (a)  a symbol determined under section 27 (whether or not the determination remains in force); or

                     (b)  a symbol so closely resembling the symbol in paragraph (a) as to be likely to be mistaken for it.


 

Part 5Miscellaneous

Division 1What this Part is about

64  What this Part is about

This Part deals with miscellaneous matters.

Division 2 is about exemptions and other determinations.

Division 3 is about delegations and authorisations.

Division 4 has other miscellaneous provisions.


 

Division 2Exemptions and other determinations

65  Exemptions by the Minister, DVA Minister, Secretary or DVA Secretary

Exemptions by class

             (1)  The Minister may, in writing, determine that individuals (other than *DVA individuals) included in a specified class are exempt from any of the requirements set out in subsection (5). The Minister must publish a notice of the determination.

             (2)  The *DVA Minister may, in writing, determine that *DVA individuals included in a specified class are exempt from any of the requirements set out in subsection (5). The DVA Minister must publish a notice of the determination.

Exemptions for specific individuals

             (3)  The Secretary may, in writing, determine that a specified individual (other than a *DVA individual) is exempt from any of the requirements set out in subsection (5).

             (4)  The *DVA Secretary may, in writing, determine that a specified *DVA individual is exempt from any of the requirements set out in subsection (5).

Requirements

             (5)  These are the requirements for which an individual may be exempted:

                     (a)  the requirement to be at least 18 to be eligible for an access card (see paragraph 22(b));

                     (b)  the requirement to attend an interview to be issued an access card (see paragraph 24(1)(c));

                     (c)  the requirement to have his or her photograph taken (see paragraph 24(1)(d));

                     (d)  the requirement to provide his or her signature (see paragraph 24(1)(e));

                     (e)  the requirement to provide a *legal name (see subsection 15(1), item 1 of the table in subsection 17(1), section 30 and subsection 34(1));

                      (f)  the requirement to have his or her residential address included in the Commonwealth’s area of the *chip in his or her access card (see item 4 of the table in subsection 34(1)).

             (6)  A determination made under this section is not a legislative instrument.

66  Minister to determine identity guidelines

             (1)  The Minister must, by legislative instrument, determine guidelines that the Secretary is to take into account when making a decision under the following provisions:

                     (a)  subparagraph 13(2)(b)(i);

                     (b)  paragraph 13(4)(b);

                     (c)  paragraph 14(c);

                     (d)  subparagraph 23(2)(b)(i);

                     (e)  paragraph 23(4)(b);

                      (f)  paragraph 24(1)(f).

             (2)  The Secretary must take into account guidelines that are in force under subsection (1) when making a decision under one of those provisions.

67  DVA Minister may determine who are DVA individuals

             (1)  The *DVA Minister may determine that an individual is a DVA individual for the purposes of paragraph (c) of the definition of DVA individual in section 5.

Note:          For determinations of individuals by class, see subsection 46(3) of the Acts Interpretation Act 1901.

             (2)  A determination under subsection (1) may take effect from a day before the day on which the determination is made.

             (3)  A determination made under subsection (1) is not a legislative instrument.


 

Division 3Delegations and authorisations

68  Delegations by the Minister

             (1)  The Minister may, in writing, delegate to a *Commonwealth officer in a *participating agency any of the Minister’s powers or functions under this Act, other than those in:

                     (a)  section 8 (administration of this Act to accord with Australian Government policy); and

                     (b)  item 17 of the table in subsection 17(1) (information on the Register); and

                     (c)  paragraph 24(1)(g) (requirements to be issued an access card); and

                     (d)  subsection 27(1) or (2) (access card name or symbol); and

                     (e)  item 17 of the table in subsection 34(1) (information in the Commonwealth’s area of the chip in your access card); and

                      (f)  section 65 (exemptions); and

                     (g)  section 66 (identity guidelines).

Note:          For delegation to individuals by class, see subsection 46(3) of the Acts Interpretation Act 1901.

             (2)  The Minister may, in writing, delegate to the Secretary the Minister’s powers or functions under the provisions referred to in paragraph (1)(b), (c), (e) and (f).

             (3)  In exercising a power or function under a delegation under subsection (1) or (2), the individual delegated the power or function must comply with any directions that the Minister gives to the individual.

69  Delegations by the DVA Minister

             (1)  The *DVA Minister may, in writing, delegate to the *DVA Secretary the DVA Minister’s powers or functions under section 65 (exemptions) or 67 (DVA individual determinations).

             (2)  In exercising a power or function under a delegation under subsection (1), the *DVA Secretary must comply with any directions that the *DVA Minister gives to the DVA Secretary.

70  Delegations by the Secretary

Delegation

             (1)  The Secretary may, in writing, delegate to the following any of the Secretary’s powers or functions under this Act:

                     (a)  a *Commonwealth officer in a *participating agency;

                     (b)  a Chief Executive of an Agency (within the meaning of the Financial Management and Accountability Act 1997);

                     (c)  one of following individuals in a *Commonwealth authority or *Commonwealth company that is prescribed for the purposes of this paragraph:

                              (i)  a director of that authority or company;

                             (ii)  a chief executive of that authority or company.

Note:          For delegation to individuals by class, see subsection 46(3) of the Acts Interpretation Act 1901.

             (2)  However, the Secretary must not delegate the Secretary’s powers or functions in subsection 16(1) to establish the *Register.

             (3)  In exercising a power or function under a delegation under subsection (1), the individual delegated the power or function must comply with any directions that the Secretary gives to the individual.

Sub‑delegation

             (4)  If, under subsection (1), the Secretary delegates a power or function to an individual who is a Chief Executive of an Agency, the Chief Executive may, in writing, sub‑delegate the power or function to a *Commonwealth officer in the Agency.

Note:          For sub‑delegation to individuals by class, see subsection 46(3) of the Acts Interpretation Act 1901.

             (5)  In exercising a power or function under a sub‑delegation under subsection (4), the individual sub‑delegated the power or function must comply with any directions given by:

                     (a)  the Secretary to the Chief Executive; and

                     (b)  the Chief Executive to the individual.

             (6)  If, under subsection (1), the Secretary delegates a power or function to an individual (the CEO) who is a director or chief executive of a *Commonwealth authority or *Commonwealth company, the CEO may, in writing, sub‑delegate the power or function to another individual in the service or employment of the authority or company.

Note:          For sub‑delegation to individuals by class, see subsection 46(3) of the Acts Interpretation Act 1901.

             (7)  In exercising a power or function under a sub‑delegation under subsection (6), the individual sub‑delegated the power or function must comply with any directions given by:

                     (a)  the Secretary to the CEO; and

                     (b)  the CEO to the individual.

71  Delegations by the DVA Secretary

             (1)  The *DVA Secretary may, in writing, delegate to a *Commonwealth officer in a *participating agency the DVA Secretary’s powers or functions under section 65 (exemptions).

Note:          For delegation to individuals by class, see subsection 46(3) of the Acts Interpretation Act 1901.

             (2)  In exercising a power or function under a delegation under subsection (1), the individual delegated the power or function must comply with any directions that the *DVA Secretary gives to the individual.

72  Authorisations by the Secretary

             (1)  The Secretary may, in writing, appoint:

                     (a)  a *Commonwealth officer in a *participating agency; or

                     (b)  a *Commonwealth officer prescribed by the regulations; or

                     (c)  an individual prescribed by the regulations;

to be an authorised person for the purposes of a specified provision of this Act in which the expression “authorised person” occurs.

Note:          For appointment of individuals by class, see subsection 46(3) of the Acts Interpretation Act 1901.

             (2)  In exercising powers or performing functions as an *authorised person, the authorised person must comply with any directions that the Secretary gives to the person.


 

Division 4Other matters

73  Compensation for acquisition of property

             (1)  If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

             (2)  If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

             (3)  In this section:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

74  Regulations

                   The Governor‑General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.