Regulatory Powers (Standard Provisions) Regulation 2015

No. 138, 2015

made under the

Regulatory Powers (Standard Provisions) Act 2014

Compilation No. 1

Compilation date: 20 March 2024

Includes amendments: F2024L00294

Registered: 3 April 2024

About this compilation

This compilation

This is a compilation of the Regulatory Powers (Standard Provisions) Regulation 2015 that shows the text of the law as amended and in force on 20 March 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary

1 Name

3 Authority

4 Definitions

Part 2—Identity cards

5 Identity cards

6 Identity cards—authorisation by Minister

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name

  This is the Regulatory Powers (Standard Provisions) Regulation 2015.

3  Authority

  This instrument is made under the Regulatory Powers (Standard Provisions) Act 2014.

4  Definitions

  In this instrument:

Act means the Regulatory Powers (Standard Provisions) Act 2014.

relevant authorising provision, for an authorised person, means the provision of an Act that provides that the person is an authorised person for the purposes of Part 2 or 3 of the Regulatory Powers (Standard Provisions) Act 2014.

tamper‑evident security feature means a feature intended to reduce the risk of counterfeiting or tampering, or to provide visual evidence of attempted tampering.

Part 2—Identity cards

5  Identity cards

 (1) For paragraphs 35(2)(a) and 76(2)(a) of the Act, an identity card must:

 (a) satisfy the requirements of this section; or

 (b) satisfy the requirements of this section except to the extent that non‑compliance with one or more provisions of this section is authorised by the Minister under section 6.

Front of card

 (2) The identity card must contain the following elements on the front of the card:

 (a) the Australian Government logo;

 (b) the photograph, of the authorised person, required by paragraph 35(2)(b) or 76(2)(b) of the Act (as the case may be);

 (c) the full name of the authorised person;

 (d) a feature or statement that identifies to the body in relation to which the person is an authorised person whether the authorised person is an employee of, or a contractor to, the body;

 (e) the date the card expires;

 (f) a statement that the person to whom the card is issued is an authorised person under the relevant authorising provision for the authorised person.

 (3) The Commonwealth Coat of Arms in the Australian Government logo required by paragraph (2)(a) must:

 (a) be the Conventional version no. 3A (solid); and

 (b) be large enough to be recognisable as the Commonwealth Coat of Arms.

 (4) The photograph referred to in paragraph (2)(b) must:

 (a) show the authorised person’s full face, and his or her head and shoulders; and

 (b) have a resolution of at least 300 dpi; and

 (c) have an aspect ratio (being width divided by height) of 0.75; and

 (d) for a portrait view identity card—have dimensions of at least 33 mm by 44 mm, including any border; and

 (e) for a landscape view identity card—have dimensions:

 (i) of at least 33 mm by 44 mm, including any border; but

 (ii) not exceeding 37.5 mm by 50 mm, including any border.

Back of card

 (5) The identity card must contain the following elements on the back of the card:

 (a) a serial number;

 (b) an address for the card to be returned to if it is found.

Tamper‑evident security feature

 (6) The identity card must contain at least one tamper‑evident security feature.

Other material

 (7) The identity card may contain other information or features.

6  Identity cards—authorisation by Minister

 (1) The Minister may, in writing, authorise identity cards issued by a particular relevant chief executive not to comply with either or both of the following provisions of section 5:

 (a) paragraph (2)(a);

 (b) paragraph (2)(d).

 (2) The Minister must not give an authorisation under subsection (1) in relation to identity cards issued by a particular relevant chief executive and a particular provision of section 5 unless the Minister is satisfied that it is appropriate to do so in all the circumstances.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history