Police and Other Legislation (Identity and Biometric Capability) Amendment Bill 2018
Plain English Summary
Overview
This bill amends six Queensland Acts to enable the state's participation in a national facial biometric identity matching system, strengthen police access to driver licence photos, increase penalties for explosive offences, and provide temporary extended liquor trading on the Gold Coast during the 2018 Commonwealth Games.
Who it affects
All Queensland driver licence holders are affected as their photos can now be shared nationally through facial recognition services. Police gain broader investigative powers, and Gold Coast liquor licensees were temporarily affected during the 2018 Commonwealth Games.
National facial recognition and identity matching
Queensland joins a national system that allows government agencies to share and match facial images from driver licences and other identity documents. This was agreed by all state and territory leaders through COAG in response to terrorism and identity crime threats, following the 2014 Martin Place siege review.
- Queensland Police and Transport and Main Roads can share driver licence photos and identity data with Commonwealth and interstate agencies
- Three new facial matching services established: face verification, face identification, and one-person-one-licence checks
- Information can only be used for defined permitted purposes including national security, law enforcement, community safety, and road safety
- New criminal offence of up to 100 penalty units for misusing identity information obtained through the system
Police access to driver licence photos
Police previously needed a court order to access driver licence photos for investigating serious crimes like murder or terrorism, despite being able to access the same photos for minor traffic offences without one. This anomaly is removed so police have the same access as interstate counterparts.
- Police no longer need a justice's approval order to access driver licence photos for non-transport offences
- Annual parliamentary reporting on the number of times digital photos are accessed is abolished
Increased penalties for explosive offences
Maximum penalties for offences involving homemade explosives are significantly increased to reflect the serious danger they pose to the community and emergency services. The offence of unlawfully dealing with explosives is also broadened.
- Maximum penalty for unlawfully depositing, making or possessing explosives increased from 2 years to 7 years imprisonment
- Maximum penalty for preparing to commit crimes with dangerous things increased from 3 years to 7 years imprisonment
- Offence extended to cover making explosives in circumstances that may cause injury or damage
Commonwealth Games liquor trading (Gold Coast, expired)
Licensed premises in the Broadbeach and Surfers Paradise safe night precincts on the Gold Coast received an automatic extra hour of liquor trading during the 2018 Commonwealth Games period (3-17 April 2018), with no additional fees. These provisions have since expired.
- Automatic extra hour of on-premises liquor trading for Gold Coast safe night precinct venues during the Games
- No additional licence fees charged for the extended trading
- Liquor Commissioner given power to issue public safety restriction notices without QCAT review or compensation
- All Commonwealth Games liquor provisions expired on 18 April 2018
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee15 Feb 2018View Hansard
Referred to Legal Affairs and Community Safety Committee
The Legal Affairs and Community Safety Committee examined the bill over a short timeframe, holding a public hearing in Brisbane on 26 February 2018 with witnesses including the Privacy Commissioner. The committee recommended the bill be passed, while also recommending a review of the legislation two years after commencement to evaluate how the identity matching services were being used. The bill also included unrelated amendments to extend liquor trading hours on the Gold Coast during the 2018 Commonwealth Games.
Key findings (5)
- Identity crime costs Australia an estimated $2.2 billion annually and is a key enabler of serious and organised crime, including drug trafficking, money laundering, and terrorism.
- The bill proposed Queensland's participation in the Australia-wide Identity Matching Services, using biometric facial recognition technology to detect identity fraud that name-based checking cannot.
- All Australian jurisdictions had recognised the need for a comprehensive legislative response and agreed to utilise biometric facial recognition as the cornerstone for identity crime prevention.
- The Privacy Commissioner raised considerations about privacy safeguards during the committee's public hearing.
- The bill also included amendments to the Liquor Act 1992 to extend trading hours in the Broadbeach and Surfers Paradise safe night precincts during the 2018 Gold Coast Commonwealth Games.
Recommendations (2)
- The committee recommends the Police and Other Legislation (Identity and Biometric Capability) Amendment Bill 2018 be passed.
- The committee recommends that a review of the changes made by this legislation be conducted two years after its commencement to evaluate the frequency, purpose and type of identity matching services used, the users, the error rates and any incidences of service expansion.
Committee report tabled
▸Second Reading6 Mar 2018View Hansard
▸24 members spoke23 support1 mixed
Spoke as committee chair, recommending the bill be passed and supporting the committee's recommendation for a two-year review of biometric identity-matching provisions.
“The committee's report made two recommendations. The first recommendation is that the Police and Other Legislation (Identity and Biometric Capability) Amendment Bill 2018 be passed.”— 2018-03-07View Hansard
As Minister for Police, introduced the bill and advocated for Queensland's participation in the national identity-matching services, increased penalties for explosives offences, and extended liquor trading hours for the Commonwealth Games.
“This is a national capability that offers a number of critical, law enforcement, national security and fraud prevention benefits for the Queensland community.”— 2018-03-06View Hansard
Supported the bill but argued the one-hour liquor trading extension for the Commonwealth Games was insufficient, calling for extended hours across the entire Gold Coast and questioning the nanny state approach.
“I certainly welcome the extra hour that has been put on the table. That is better than nothing, but it does fall well short.”— 2018-03-07View Hansard
Supported the identity-matching and explosives provisions but criticised the government for limiting extended liquor trading hours to only two safe night precincts during the Commonwealth Games, arguing it should be extended to all licensed venues across the Gold Coast local government area.
“The LNP will not be opposing the changes as proposed in the bill. The changes primarily stem from a COAG agreement in October last year when all first ministers agreed to establish identity-matching services, the IMS, as part of the intergovernmental agreement.”— 2018-03-06View Hansard
Supported the biometric and explosives provisions but expressed reservations about the liquor trading hours being limited to two safe night precincts, calling it a missed opportunity for Gold Coast businesses.
“The LNP supports the first and second of those elements, but we have reservations about the third inasmuch as it unduly constrains the staff and small businesses of the liquor and hospitality industry on the Gold Coast.”— 2018-03-07View Hansard
Spoke in support of the bill, recommending members vote in favour, and outlined the bill's key objectives including the identity-matching services framework and Commonwealth Games liquor trading provisions.
“I rise in the House to speak in support of the Police and Other Legislation (Identity and Biometric Capability) Amendment Bill. I recommend that members of this House vote in favour of the legislation, which is what I understand will occur.”— 2018-03-06View Hansard
Supported the bill, focusing on the privacy safeguards in the facial biometric-matching provisions and responding to community concerns about surveillance.
“Facial biometrics matching is not a capability that will be used for the passive surveillance of people in public places.”— 2018-03-07View Hansard
Supported the bill but criticised the government's handling of liquor licensing, citing the closure of the Zoo live music venue and failures with ID scanner implementation as evidence the government cannot enhance tourism experiences.
“If the Labor government have proven anything over the last couple of years it is that they have little to no idea as to how best to 'help enhance tourism and hospitality experiences'.”— 2018-03-07View Hansard
Supported the bill, emphasising the scale of identity crime costing Queenslanders approximately $440 million annually and the role of fake identities in terrorist offences.
“Identity crime is an enabler of serious crimes and terrorism. Traditional name based identity checking is vulnerable in terms of stopping identity crime.”— 2018-03-07View Hansard
Supported the bill and its biometric, explosives and liquor trading provisions but criticised the government for ignoring Queensland Hotels Association suggestions to broaden the liquor trading extension.
“The Liberal National Party opposition does not oppose this bill. It is of vital importance that Queensland hosts a safe Commonwealth Games.”— 2018-03-07View Hansard
Supported the bill but raised concerns about practical safeguards for biometric data access and whether results could be used as evidence. Criticised the limited liquor trading extension as inadequate for the Commonwealth Games.
“Though I support the bill, I note the statement of reservation by the members of the LNP that the Liquor Act amendments do not go far enough.”— 2018-03-07View Hansard
Supported the bill, focusing on the increased penalties for explosives offences and citing research from St Vincent's Hospital showing reduced violence after restricting liquor trading hours in Sydney.
“I caution those opposite when they talk about these laws being nanny state laws. These laws are here to protect people to ensure that they go to the Commonwealth Games and have a good time.”— 2018-03-07View Hansard
Supported the bill's security provisions but criticised the exclusion of Coolangatta from extended liquor trading hours despite hosting Commonwealth Games events including volleyball.
“It seems this hospitality is limited and does not extend to Coolangatta. It only applies to SNPs in Broadbeach and Surfers Paradise, thereby denying Coolangatta an extra hour of trading even though volleyball events finish at 10.30 pm.”— 2018-03-07View Hansard
Supported the bill, outlining Queensland Fire and Emergency Services' preparations for the Commonwealth Games including 850 personnel and $11.35 million in funding.
“Any technology that enables the rapid identification of people is of value in a security operation the size and complexity of Operation Sentinel.”— 2018-03-07View Hansard
Supported the bill but criticised applying Glasgow's Commonwealth Games liquor policy to the Gold Coast, arguing the limited extended hours were a missed opportunity for small business.
“Our games are our unique games and should be showcasing Queensland and Australia with policies and plans designed for our unique city.”— 2018-03-07View Hansard
Supported the bill's provisions giving police identity-matching tools but raised local concerns about the Mudgeeraba Police Station lacking security measures and hoon activity in the Nerang division.
“Ensuring that our police are supported and given the tools they need to ensure the law is upheld is one of the fundamental responsibilities of any government.”— 2018-03-07View Hansard
As Commonwealth Games Minister, supported the bill's liquor trading provisions as striking the right balance between tourism opportunities and community safety.
“This legislation is about getting the balance right.”— 2018-03-07View Hansard
Supported the bill but argued the liquor trading extension should apply to the entire Gold Coast, not just two safe night precincts, to maximise economic opportunities from the Commonwealth Games for small businesses.
“Why can we not extend those changes to other areas of the Gold Coast? The Gold Coast is a fantastic city that provides many opportunities for holiday-makers.”— 2018-03-07View Hansard
Supported the bill, explaining the identity-matching framework's permitted purposes and how it would strengthen the integrity of biometric data use for Commonwealth Games security.
“The amendments in this bill will not only strengthen the integrity of the use of facial biometrics but also improve access to DTMR images.”— 2018-03-07View Hansard
Supported the identity-matching and explosives provisions but criticised the narrow liquor trading extension, noting a ministerial press release had suggested all 162 licensed cafes and restaurants would receive extended hours.
“The question is what happened between 10 February when this press release that I have tabled came out saying that all 162 licensed cafes and restaurants would be allowed to open.”— 2018-03-07View Hansard
Supported the bill and counterterrorism measures but argued the extended liquor trading hours should also apply to safe night precincts in Cairns and Townsville where Commonwealth Games basketball events are being held.
“Those safe night precincts in Cairns and Townsville should be embraced.”— 2018-03-07View Hansard
As Attorney-General, defended the balanced approach to liquor trading during the Commonwealth Games, emphasising that all licensed venues across Queensland could apply for temporary extended hours permits.
“If all licensed venues across the Gold Coast want to apply for the closing ceremony to extend their liquor hours under an extended permit to serve liquor up to 5 am, they could make that application.”— 2018-03-07View Hansard
Supported the identity-matching provisions but argued Southport venues were unfairly excluded from extended trading hours despite hosting the athletes' village and aquatic centre.
“Every night for 12 days there will be some 10,000 people pouring out of the new Gold Coast Aquatic Centre into the Southport precinct late at night.”— 2018-03-07View Hansard
Delivered the minister's reply, emphasising the bill's identity-matching services will revolutionise identity verification and that the liquor trading provisions represent a balanced approach supported by the Queensland Police Service.
“Identity-matching services will revolutionise the way identity verification is undertaken right across our nation.”— 2018-03-07View Hansard
▸In Detail7 Mar 2018View Hansard
Spoke during Consideration in Detail on clause 9, arguing the extended trading hours were a missed opportunity and expressing concern about the volume of people being funnelled into two precincts.
“What I am concerned about is the sheer volume of people trying to access the public transport network after leaving events who are simply trying to have a late-night drink.”— 2018-03-07View Hansard