Australian Capital Territory Consolidated Acts

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ROAD TRANSPORT (DRIVER LICENSING) ACT 1999 - SECT 37

Disclosure of photographs and signatures by road transport authority

    (1)     The road transport authority must ensure that a photograph or signature is not disclosed by the authority to someone else except—

        (a)     to a police officer; or

        (b)     to an entity of another jurisdiction that corresponds to the road transport authority; or

        (c)     for a purpose in relation to the investigation of, or the conduct of, a criminal proceeding for an offence against the road transport legislation or in relation to a proof of age card; or

        (d)     to a court officer for the recovery of a fine (including proceedings under the Magistrates Court Act 1930 , division 3.9.2 (Enforcement of fines)); or

        (e)     for a photograph—to the person shown in the photograph; or

        (f)     for a signature—to the person who made the signature; or

        (g)     to a person, or for a purpose, prescribed by regulation or in accordance with another law in force in the ACT.

Note 1     The Information Privacy Principles apply to the road transport authority. Principle 11 states when personal information may be disclosed by an agency (see  Privacy Act 1988 (Cwlth), s 14).

Note 2     Access to photographs and signatures may be sought under the Freedom of Information Act 1989 (which also provides that certain information is exempt from disclosure).

    (2)     A regulation may limit the people to whom, the purposes for which, or the circumstances when, a photograph or signature may be disclosed under subsection (1) (a) to (d).

    (3)     In this section:

"court officer" means a person who is—

        (a)     the sheriff or a deputy sheriff under the Supreme Court Act 1933 , another officer of the Supreme Court or a public servant assisting the sheriff; or

        (b)     the registrar, a deputy registrar or a bailiff under the Magistrates Court Act 1930 or a member of the staff of the Magistrates Court assisting the registrar.

"fine"—see the Magistrates Court Act 1930 , section 146.



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