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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Transport Legislation Amendment (Identity
Matching Services) Bill 2021
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Road Traffic
(Administration) Act 2008
amended
3. Act amended 3
4. Section 4 amended 3
5. Section 11 amended 3
6. Sections 16B and 16C inserted 4
16B. Disclosure of information with consent 4
16C. Disclosure by means of automated system 4
7. Section 36 amended 4
Part 3 -- Road Traffic (Authorisation
to Drive) Act 2008 amended
8. Act amended 5
9. Section 3 amended 5
10. Section 9 amended 5
11. Section 11A amended 6
12. Part 2 Division 3A replaced 7
Division 3A -- Information management
11B. Terms used 7
11C. Disclosure of identifying information to
prescribed person 8
11D. Disclosure of identifying information with
consent 9
26--2 page i
Transport Legislation Amendment (Identity Matching Services) Bill 2021
Contents
11E. Disclosure of photographs to police, ASIO
and law enforcement officials 9
11F. Disclosure of photographs to executor or
administrator 10
11G. Disclosure to CEO (road passenger
services) 11
11H. Possession and reproduction of
photographs and signatures 11
11I. No subpoena or orders for disclosure of
identifying information 12
11J. Annual report in relation to identifying
information 12
11K. Tabling amendments to intergovernmental
agreement 13
Part 4 -- Western Australian Photo
Card Act 2014 amended
13. Act amended 14
14. Section 3 amended 14
15. Section 6 amended 14
16. Section 10 amended 15
17. Section 11 amended 15
18. Section 12 replaced 16
12. Terms used 16
12A. Disclosure by means of automated system 17
19. Section 14 amended 17
20. Section 14A inserted 18
14A. Disclosure of identifying information or
photo card information with consent 18
21. Section 15 amended 18
22. Section 16 amended 19
23. Section 17 amended 19
24. Sections 17A to 17C inserted 20
17A. No subpoena or order for disclosure of
identifying information 20
17B. Annual report in relation to identifying
information 20
17C. Tabling amendments to intergovernmental
agreement 21
25. Section 20 amended 21
26. Section 21 amended 22
page ii
Western Australia
LEGISLATIVE COUNCIL
(As amended in Committee)
Transport Legislation Amendment (Identity
Matching Services) Bill 2021
A Bill for
An Act to amend the Road Traffic (Administration) Act 2008, the
Road Traffic (Authorisation to Drive) Act 2008 and the Western
Australian Photo Card Act 2014 to give effect to an intergovernmental
agreement on identity matching services, and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Transport Legislation Amendment (Identity Matching Services) Bill 2021
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Transport Legislation Amendment (Identity Matching
4 Services) Act 2021.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) the rest of the Act -- on the day after that day.
page 2
Transport Legislation Amendment (Identity Matching Services) Bill 2021
Road Traffic (Administration) Act 2008 amended Part 2
s. 3
1 Part 2 -- Road Traffic (Administration) Act 2008
2 amended
3 3. Act amended
4 This Part amends the Road Traffic (Administration) Act 2008.
5 4. Section 4 amended
6 In section 4 insert in alphabetical order:
7
8 photograph includes an electronic record of a
9 photograph;
10 signature includes an electronic record of a signature;
11
12 5. Section 11 amended
13 In section 11(5A):
14 (a) delete "information" (1st occurrence);
15 (b) delete "information" (2nd occurrence) and insert:
16
17 disclosure
18
19 (c) in paragraph (e) delete "information." and insert:
20
21 information;
22
23 (d) after paragraph (e) insert:
24
25 (f) photographs and signatures provided to the
26 CEO under the Road Traffic (Authorisation to
27 Drive) Act 2008 Part 2.
28
page 3
Transport Legislation Amendment (Identity Matching Services) Bill 2021
Part 2 Road Traffic (Administration) Act 2008 amended
s. 6
1 6. Sections 16B and 16C inserted
2 After section 16A insert:
3
4 16B. Disclosure of information with consent
5 The CEO may disclose information about a person
6 obtained in the administration of a road law to another
7 person with the consent of the person to whom the
8 information relates.
9 16C. Disclosure by means of automated system
10 (1) If the CEO is authorised to disclose a photograph,
11 signature or information under a road law, the
12 disclosure may, subject to the regulations, be made by
13 means of an automated system.
14 (2) The automated system must comply with any
15 requirements set out in the regulations.
16 (3) The automated system may, subject to the regulations,
17 allow relevant persons to retrieve data in the system
18 and to be sent alerts about data that has been modified
19 or added to the system.
20
21 7. Section 36 amended
22 In section 36(2) after each of paragraphs (a) and (ba) insert:
23
24 or
25
page 4
Transport Legislation Amendment (Identity Matching Services) Bill 2021
Road Traffic (Authorisation to Drive) Act 2008 amended Part 3
s. 8
1 Part 3 -- Road Traffic (Authorisation to Drive) Act 2008
2 amended
3 8. Act amended
4 This Part amends the Road Traffic (Authorisation to Drive)
5 Act 2008.
6 9. Section 3 amended
7 (1) In section 3(1) insert in alphabetical order:
8
9 related Act means --
10 (a) the Western Australian Photo Card Act 2014;
11 or
12 (b) an Act prescribed by the regulations.
13
14 (2) In section 3(1) in the definition of provisional licence delete
15 "granted." and insert:
16
17 granted;
18
19 10. Section 9 amended
20 (1) Delete section 9(1).
21 (2) In section 9(3) delete "regulations," and insert:
22
23 regulations or as authorised by subsection (5),
24
25 (3) Delete section 9(4A).
page 5
Transport Legislation Amendment (Identity Matching Services) Bill 2021
Part 3 Road Traffic (Authorisation to Drive) Act 2008 amended
s. 11
1 (4) Delete section 9(5) to (8) and insert:
2
3 (5) The CEO is authorised to use on a driver's licence
4 document a photograph or signature provided by the
5 applicant under section 11A, or a related Act, within
6 the period of 10 years before the application.
7
8 11. Section 11A amended
9 (1) Delete section 11A(1).
10 (2) In section 11A(3) delete "regulations," and insert:
11
12 regulations or as authorised by subsection (6),
13
14 (3) In section 11A(5) delete "10 years of " and insert:
15
16 the period of 10 years after
17
18 (4) Delete section 11A(6) to (9) and insert:
19
20 (6) The CEO is authorised to use on a learner's permit
21 document a photograph or signature provided by the
22 applicant under this Act, or a related Act, within the
23 period of 10 years before the application.
24
page 6
Transport Legislation Amendment (Identity Matching Services) Bill 2021
Road Traffic (Authorisation to Drive) Act 2008 amended Part 3
s. 12
1 12. Part 2 Division 3A replaced
2 Delete Part 2 Division 3A and insert:
3
4 Division 3A -- Information management
5 11B. Terms used
6 (1) In this Division --
7 identifying information means --
8 (a) a photograph of a person provided to or used by
9 the CEO under this Part; or
10 (b) a signature of a person provided to or used by
11 the CEO under this Part; or
12 (c) information associated with such a photograph
13 or signature to facilitate identification of the
14 person;
15 intergovernmental agreement means the
16 Intergovernmental Agreement on Identity Matching
17 Services between the Commonwealth, the States, the
18 Australian Capital Territory and the Northern Territory
19 made on 5 October 2017, as in force from time to time.
20 (2) A reference in this Division to a photograph or
21 signature provided to or used by the CEO under this
22 Part is a reference to a photograph or signature
23 provided to or used by the CEO under this Part whether
24 before or after the day specified in the Transport
25 Legislation Amendment (Identity Matching Services)
26 Act 2021 section 2(b).
page 7
Transport Legislation Amendment (Identity Matching Services) Bill 2021
Part 3 Road Traffic (Authorisation to Drive) Act 2008 amended
s. 12
1 11C. Disclosure of identifying information to prescribed
2 person
3 (1) In this section --
4 authorised purpose means --
5 (a) the purpose of performing functions under a
6 written law or a law of the Commonwealth,
7 another State or a Territory; or
8 (b) a purpose related to the administration or
9 enforcement of a written law or a law of the
10 Commonwealth, another State or a Territory; or
11 (c) a purpose, prescribed by the regulations for the
12 purposes of this definition, that is related to a
13 purpose set out in clause 1.2 of the
14 intergovernmental agreement; or
15 (d) the purpose of developing and testing computer
16 systems that connect to the National Driver
17 Licence Facial Recognition Solution (as
18 defined in clause 3.1 of the intergovernmental
19 agreement);
20 prescribed person means a person prescribed, or of a
21 class prescribed, by the regulations for the purposes of
22 this section.
23 (2) The CEO may disclose identifying information to a
24 prescribed person if the CEO considers that the
25 information is required by the person for an authorised
26 purpose.
27 (3) The following persons must not use disclosed
28 identifying information for a purpose other than the
29 authorised purpose for which it was disclosed --
30 (a) a person to whom the information is disclosed
31 under subsection (2);
page 8
Transport Legislation Amendment (Identity Matching Services) Bill 2021
Road Traffic (Authorisation to Drive) Act 2008 amended Part 3
s. 12
1 (b) a person who is employed or engaged by a
2 person to whom the information is disclosed
3 under subsection (2).
4 Penalty for this subsection: imprisonment for 2 years or
5 a fine of 480 PU.
6 11D. Disclosure of identifying information with consent
7 The CEO may disclose identifying information to
8 another person with the consent of the person to whom
9 the information relates.
10 11E. Disclosure of photographs to police, ASIO and law
11 enforcement officials
12 (1) In this section --
13 ASIO Act means the Australian Security Intelligence
14 Organisation Act 1979 (Commonwealth);
15 ASIO official means --
16 (a) the Director-General of Security; or
17 (b) an officer or employee of the Australian
18 Security Intelligence Organisation (continued
19 under the ASIO Act) who is authorised by the
20 Director-General of Security for the purposes
21 of this Division;
22 Director-General of Security means the
23 Director-General of Security holding office under the
24 ASIO Act;
25 law enforcement official means a person prescribed, or
26 of a class prescribed, by the regulations for the
27 purposes of this section;
28 police official means --
29 (a) the Commissioner of Police; or
page 9
Transport Legislation Amendment (Identity Matching Services) Bill 2021
Part 3 Road Traffic (Authorisation to Drive) Act 2008 amended
s. 12
1 (b) a police officer who is authorised by the
2 Commissioner of Police for the purposes of this
3 Division; or
4 (c) a person employed or engaged in the
5 department of the Public Service principally
6 assisting in the administration of the Police
7 Act 1892 who is authorised by the
8 Commissioner of Police for the purposes of this
9 Division.
10 (2) The CEO must disclose photographs provided to or
11 used by the CEO under this Part to a police official for
12 the purposes of the performance of the police official's
13 functions under a road law or another written law.
14 (3) The CEO must disclose photographs provided to or
15 used by the CEO under this Part to an ASIO official for
16 the purposes of the performance of the ASIO official's
17 functions under the ASIO Act or another law of the
18 Commonwealth.
19 (4) The CEO may, with the prior approval of the
20 Commissioner of Police, disclose photographs
21 provided to or used by the CEO under this Part to a law
22 enforcement official if the CEO considers that the
23 photographs are required for the purposes of the
24 performance of the law enforcement official's
25 functions under a written law or a law of another
26 jurisdiction.
27 11F. Disclosure of photographs to executor or
28 administrator
29 If the person shown in a photograph provided to or
30 used by the CEO under this Part has died, the CEO
31 may disclose the photograph to an executor or
32 administrator of the person's estate.
page 10
Transport Legislation Amendment (Identity Matching Services) Bill 2021
Road Traffic (Authorisation to Drive) Act 2008 amended Part 3
s. 12
1 11G. Disclosure to CEO (road passenger services)
2 (1) In this section --
3 CEO (road passenger services) means the CEO as
4 defined in the Transport (Road Passenger Services)
5 Act 2018 section 4(1).
6 (2) The CEO may disclose photographs provided to or
7 used by the CEO under this Part to the CEO (road
8 passenger services) for the purposes of the performance
9 of the functions of the CEO (road passenger services)
10 under the Transport (Road Passenger Services)
11 Act 2018.
12 11H. Possession and reproduction of photographs and
13 signatures
14 (1) A person must not, other than for the purposes of this
15 Part or a related Act, possess a photograph or signature
16 provided to or used by the CEO under this Part that is
17 not on a driver's licence document or learner's permit
18 document.
19 Penalty for this subsection: imprisonment for 2 years or
20 a fine of 480 PU.
21 (2) Subsection (1) does not apply to a person who
22 possesses a photograph or signature as a result of its
23 disclosure under this Division.
24 (3) A person employed or engaged in connection with any
25 aspect of the production of driver's licence documents,
26 learner's permit documents or otherwise concerned in
27 the administration of this Part must not, other than for
28 the purposes of this Part, a related Act or the Transport
29 (Road Passenger Services) Act 2018 Part 7 --
30 (a) reproduce a photograph or signature provided
31 to or used by the CEO under this Part by any
32 means; or
page 11
Transport Legislation Amendment (Identity Matching Services) Bill 2021
Part 3 Road Traffic (Authorisation to Drive) Act 2008 amended
s. 12
1 (b) cause or permit another person to reproduce a
2 photograph or signature provided to or used by
3 the CEO under this Part by any means.
4 Penalty for this subsection: imprisonment for 2 years or
5 a fine of 480 PU.
6 11I. No subpoena or orders for disclosure of identifying
7 information
8 Identifying information is not to be compelled to be
9 produced or disclosed in civil proceedings by subpoena
10 or otherwise, except in proceedings under the
11 following Acts --
12 (a) the Criminal Organisations Control Act 2012;
13 (b) the Criminal Property Confiscation Act 2000;
14 (c) the High Risk Serious Offenders Act 2020.
15 11J. Annual report in relation to identifying information
16 (1) In this section --
17 Department means the department of the Public
18 Service principally assisting in the administration of
19 this Act;
20 Entity has the meaning given in clause 3.1 of the
21 intergovernmental agreement;
22 Face Matching Services has the meaning given in
23 clause 3.1 of the intergovernmental agreement.
24 (2) Within 3 months after the end of the financial year, the
25 CEO must give to the Minister a report containing the
26 following information for that financial year --
27 (a) the name of each Entity with which the
28 Department had an arrangement that allowed
29 for identifying information to be shared with
30 the Entity through the Face Matching Services;
page 12
Transport Legislation Amendment (Identity Matching Services) Bill 2021
Road Traffic (Authorisation to Drive) Act 2008 amended Part 3
s. 12
1 (b) details of any loss of, or unauthorised access to
2 or disclosure of, identifying information that is
3 likely to result in serious harm to a person to
4 whom the information relates;
5 (c) any other information that the Minister requests
6 the CEO to include in relation to identifying
7 information.
8 (3) The report may form part of the annual report
9 submitted to the Minister under the Financial
10 Management Act 2006 section 63(2)(a).
11 (4) If the report does not form part of that annual report,
12 the Minister must cause a copy of the report to be laid
13 before each House of Parliament within 14 sitting days
14 of the House after the Minister receives it.
15 11K. Tabling amendments to intergovernmental
16 agreement
17 If the intergovernmental agreement (other than a
18 Schedule that does not relate to this State) is amended,
19 the Minister must cause a copy of the amendment to be
20 laid before each House of Parliament within 14 sitting
21 days of the House after the amendment is made.
22
page 13
Transport Legislation Amendment (Identity Matching Services) Bill 2021
Part 4 Western Australian Photo Card Act 2014 amended
s. 13
1 Part 4 -- Western Australian Photo Card Act 2014
2 amended
3 13. Act amended
4 This Part amends the Western Australian Photo Card Act 2014.
5 14. Section 3 amended
6 (1) In section 3 delete the definition of photograph.
7 (2) In section 3 insert in alphabetical order:
8
9 photograph includes an electronic record of a
10 photograph;
11 related Act means --
12 (a) the Road Traffic (Authorisation to Drive)
13 Act 2008; or
14 (b) a prescribed Act;
15 signature includes an electronic record of a signature.
16
17 (3) In section 3 in the definition of prescribed delete "regulations."
18 and insert:
19
20 regulations;
21
22 15. Section 6 amended
23 (1) In section 6(3) and (4)(b) delete "Act." and insert:
24
25 Act or a related Act.
26
page 14
Transport Legislation Amendment (Identity Matching Services) Bill 2021
Western Australian Photo Card Act 2014 amended Part 4
s. 16
1 (2) After section 6(4) insert:
2
3 (5) The CEO is authorised to use on a photo card a
4 photograph or signature provided by the applicant
5 under this Act, or a related Act, within the period of
6 10 years before the application.
7
8 16. Section 10 amended
9 In section 10(3) in the Penalty delete "Penalty:" and insert:
10
11 Penalty for this subsection:
12
13 17. Section 11 amended
14 (1) At the end of section 11(1) insert:
15
16 Penalty for this subsection: a fine of $2 500.
17
18 (2) At the end of section 11(2) insert:
19
20 Penalty for this subsection: a fine of $2 500.
21
22 (3) At the end of section 11(3) insert:
23
24 Penalty for this subsection: a fine of $2 500.
25
26 (4) At the end of section 11(4) insert:
27
28 Penalty for this subsection: a fine of $2 500.
29
page 15
Transport Legislation Amendment (Identity Matching Services) Bill 2021
Part 4 Western Australian Photo Card Act 2014 amended
s. 18
1 (5) At the end of section 11 delete the Penalty and insert:
2
3 Penalty for this subsection: a fine of $2 500.
4
5 18. Section 12 replaced
6 Delete section 12 and insert:
7
8 12. Terms used
9 (1) In this Part --
10 identifying information means --
11 (a) a photograph of a person provided to or used by
12 the CEO under this Act; or
13 (b) a signature of a person provided to or used by
14 the CEO under this Act; or
15 (c) information associated with such a photograph
16 or signature to facilitate identification of the
17 person;
18 intergovernmental agreement means the
19 Intergovernmental Agreement on Identity Matching
20 Services between the Commonwealth, the States, the
21 Australian Capital Territory and the Northern Territory
22 made on 5 October 2017, as in force from time to time.
23 (2) A reference in this Part to a photograph or signature
24 provided to or used by the CEO under this Act is a
25 reference to a photograph or signature provided to or
26 used by the CEO under this Act whether before or after
27 the day specified in the Transport Legislation
28 Amendment (Identity Matching Services) Act 2021
29 section 2(b).
page 16
Transport Legislation Amendment (Identity Matching Services) Bill 2021
Western Australian Photo Card Act 2014 amended Part 4
s. 19
1 12A. Disclosure by means of automated system
2 (1) If the CEO is authorised to disclose a photograph,
3 signature or information under this Part, the disclosure
4 may, subject to the regulations, be made by means of
5 an automated system.
6 (2) The automated system must comply with any
7 requirements set out in the regulations.
8 (3) The automated system may, subject to the regulations,
9 allow relevant persons to retrieve data in the system
10 and to be sent alerts about data that has been modified
11 or added to the system.
12
13 19. Section 14 amended
14 (1) In section 14(1) in the definition of authorised purpose delete
15 paragraph (c) and insert:
16
17 (c) in relation to photo card information -- a
18 purpose prescribed for the purposes of this
19 paragraph; or
20 (d) in relation to identifying information --
21 (i) the purpose of developing and testing
22 computer systems that connect to the
23 National Driver Licence Facial
24 Recognition Solution (as defined in
25 clause 3.1 of the intergovernmental
26 agreement); or
27 (ii) a purpose, prescribed by the regulations
28 for the purposes of this paragraph, that
29 is related to a purpose set out in
30 clause 1.2 of the intergovernmental
31 agreement;
32
page 17
Transport Legislation Amendment (Identity Matching Services) Bill 2021
Part 4 Western Australian Photo Card Act 2014 amended
s. 20
1 (2) In section 14(2) and (3) before "photo" insert:
2
3 identifying information or
4
5 (3) In section 14(3) delete the Penalty and insert:
6
7 Penalty for this subsection: imprisonment for 2 years or
8 a fine of $24 000.
9
10 Note: The heading to amended section 14 is to read:
11 Disclosure of identifying information or photo card information to
12 prescribed person
13 20. Section 14A inserted
14 After section 14 insert:
15
16 14A. Disclosure of identifying information or photo card
17 information with consent
18 The CEO may disclose identifying information or
19 photo card information to another person with the
20 consent of the person to whom the information relates.
21
22 21. Section 15 amended
23 In section 15(2), (3) and (4) after "disclose photographs" insert:
24
25 provided to or used by the CEO under this Act
26
page 18
Transport Legislation Amendment (Identity Matching Services) Bill 2021
Western Australian Photo Card Act 2014 amended Part 4
s. 22
1 22. Section 16 amended
2 In section 16 after "photograph" (1st occurrence) insert:
3
4 provided to or used by the CEO under this Act
5
6 23. Section 17 amended
7 (1) Delete section 17(1), (2) and (3) and insert:
8
9 (1) A person must not, other than for the purposes of this
10 Act, or a related Act, possess a photograph or signature
11 provided to or used by the CEO under this Act that is
12 not on a photo card.
13 Penalty for this subsection: imprisonment for 2 years or
14 a fine of $24 000.
15 (2) Subsection (1) does not apply to a person who
16 possesses a photograph or signature as a result of its
17 disclosure under this Part.
18
19 (2) In section 17(4):
20 (a) delete "Act --" and insert:
21
22 Act or a related Act --
23
24 (b) in paragraph (a) delete "signature; or" and insert:
25
26 signature provided to or used by the CEO under this
27 Act; or
28
page 19
Transport Legislation Amendment (Identity Matching Services) Bill 2021
Part 4 Western Australian Photo Card Act 2014 amended
s. 24
1 (c) delete the Penalty and insert:
2
3 Penalty for this subsection: imprisonment for 2 years or
4 a fine of $24 000.
5
6 Note: The heading to amended section 17 is to read:
7 Possession and reproduction of photographs and signatures
8 24. Sections 17A to 17C inserted
9 At the end of Part 3 insert:
10
11 17A. No subpoena or order for disclosure of identifying
12 information
13 Identifying information is not to be compelled to be
14 produced or disclosed in civil proceedings by subpoena
15 or otherwise, except in proceedings under the
16 following Acts --
17 (a) the Criminal Organisations Control Act 2012;
18 (b) the Criminal Property Confiscation Act 2000;
19 (c) the High Risk Serious Offenders Act 2020.
20 17B. Annual report in relation to identifying information
21 (1) In this section --
22 Entity has the meaning given in clause 3.1 of the
23 intergovernmental agreement;
24 Face Matching Services has the meaning given in
25 clause 3.1 of the intergovernmental agreement.
26 (2) Within 3 months after the end of the financial year, the
27 CEO must give to the Minister a report containing the
28 following information for that financial year --
29 (a) the name of each Entity with which the
30 Department had an arrangement that allowed
page 20
Transport Legislation Amendment (Identity Matching Services) Bill 2021
Western Australian Photo Card Act 2014 amended Part 4
s. 25
1 for identifying information to be shared with
2 the Entity through the Face Matching Services;
3 (b) details of any loss of, or unauthorised access to
4 or disclosure of, identifying information that is
5 likely to result in serious harm to a person to
6 whom the information relates;
7 (c) any other information that the Minister requests
8 the CEO to include in relation to identifying
9 information.
10 (3) The report may form part of the annual report
11 submitted to the Minister under the Financial
12 Management Act 2006 section 63(2)(a).
13 (4) If the report does not form part of that annual report,
14 the Minister must cause a copy of the report to be laid
15 before each House of Parliament within 14 sitting days
16 of the House after the Minister receives it.
17 17C. Tabling amendments to intergovernmental
18 agreement
19 If the intergovernmental agreement (other than a
20 Schedule that does not relate to this State) is amended,
21 the Minister must cause a copy of the amendment to be
22 laid before each House of Parliament within 14 sitting
23 days of the House after the amendment is made.
24
25 25. Section 20 amended
26 In section 20(5):
27 (a) after "disclose" insert:
28
29 photographs and signatures provided to the CEO under
30 this Act and
31
page 21
Transport Legislation Amendment (Identity Matching Services) Bill 2021
Part 4 Western Australian Photo Card Act 2014 amended
s. 26
1 (b) delete "information" (2nd occurrence) and insert:
2
3 disclosure
4
5 26. Section 21 amended
6 In section 21(1) delete the Penalty and insert:
7
8 Penalty for this subsection: imprisonment for one year
9 or a fine of $12 000.
10
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