Queensland Consolidated Acts

ADOPTION ACT 2009 - SECT 287

287 Photographs of persons more than 2 years old

(1) A photograph of a person aged more than 2 years, exchanged between participants through the mailbox service, is taken to be information that identifies the person in the photograph unless the chief executive has given an approval for the participants—

(a) to exchange that photograph; or

(b) to exchange photographs generally.

(2) A participant may apply to the chief executive for an approval to exchange a stated photograph, or to exchange photographs generally, with another stated participant.

(3) If the chief executive gives the approval, it must state each participant (
"relevant participant" ) who may exchange the relevant photograph or exchange photographs generally.

(4) The chief executive may give the approval if—

(a) the chief executive is satisfied an exchange of the particular photograph or of photographs generally by the relevant participants is unlikely to—

(i) harm the relevant adopted person’s wellbeing or best interests; or

(ii) enable a relevant participant to identify or locate another relevant participant or party to the adoption; and

(b) each relevant participant has given to the chief executive a signed notice agreeing not to use, or attempt to use, a photograph to which the approval relates to identify or locate another relevant participant or party to the proposed adoption or adoption.

(5) If a person gives the chief executive a notice under subsection (4) (b) and is given, through the mailbox service, a photograph to which the approval relates, the person must not use, or attempt to use, the photograph to identify or locate another relevant participant or party to the proposed adoption or adoption.

Penalty—

Maximum penalty for subsection (5) —40 penalty units.