15 Flashcards Preview

LA > 15 > Flashcards

Flashcards in 15 Deck (11):


High risk venues—licence conditions relating to ID scanning. (1) Patron photo IDs to be scanned The licence for a high risk venue is subject to the following conditions: (a) a person must not be permitted to enter the venue as a patron unless: (i) the person produces to a staff member a form of identification containing a photograph of the person and the person’s identification details (photo ID), and (ii) the photo ID is scanned by a staff member using a patron ID scanner.


s116E(1)(b) and (c)

(b) a person must be refused admission to the venue as a patron if the person: (i) chooses not to produce his or her photo ID to a staff member, or (ii) is subject to a temporary or long-term banning order, (c) the use of a patron ID scanner as required by this section (including the procedures for scanning and the time of use) must comply with such requirements as are approved by the Secretary and notified to the licensee,


s116E(1)(d) and (e) and (f)

(d) only patron ID scanners of a type approved by the Secretary may be used in the venue for the purposes of this section, (e) a patron ID scanner may only be used to record information of the kind prescribed by the regulations, (f) if any patron ID scanner used in the venue fails for any reason, the licensee must: (i) immediately notify the local police, and (ii) comply with a contingency protocol, as approved by the Secretary, for patron ID scanner failure.



Subsection (1) (a) (ii) does not require a person to be refused permission to enter a high risk venue if, at that time, each patron ID scanner in the venue is not working because of scanner or system failure.



(3) Producing false ID to enter high risk venue A person who produces any document purporting to contain the person’s identification details in order to gain entry to a high risk venue is guilty of an offence if the document is false in a material particular in relation to the person.



(4) Privacy protection It is a condition of the licence for a high risk venue that the licensee must: (a) if the licensee is not an organisation within the meaning of the Privacy Act 1988 of the Commonwealth—ensure that the licensee is treated as an organisation for the purposes of that Act, and (b) comply with the requirements of that Act with respect to the protection of any personal information recorded by a patron ID scanner operating in the venue.


s116E(5)(a) and (b)

(5) It is also a condition of the licence for a high risk venue that the licensee: (a) prepares and implements a privacy management plan relating to the use of patron ID scanners in the venue, and (b) prepares and implements a privacy policy containing information for patrons about the use of patron ID scanners in the venue and the procedures for ensuring that the privacy of patrons is protected and for making complaints about breaches of privacy.


s116E(5)(c) and (d)

(c) ensures that the privacy policy for the venue is made available for inspection by any person who requests to see it, and (d) ensures that an outline of the privacy policy is displayed at or near any public entrance to the venue in a manner that enables patrons to be alerted to its contents immediately before being required to produce a photo ID.



(e) without limiting any requirement under the Privacy Act 1988 of the Commonwealth, ensures that any written complaint by a patron about a breach of privacy is, within 14 days of the complaint being made to the licensee or a staff member, notified to the Secretary.



The privacy management plan and privacy policy required to be prepared by a licensee under this section must, adopt or comply with a plan and policy approved by a local liquor accord.



Exemption from patron ID scanning requirements