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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Road Transport (Driver Licensing)
Amendment Bill 1999
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Road Transport (Driver Licensing) Act
1998 No 99 2
4 Further amendments 2
Schedules
1 Amendments relating to use of photographs 3
2 Amendments relating to cancellation or suspension of
driver licences 6
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 1999
New South Wales
Road Transport (Driver Licensing)
Amendment Bill 1999
Act No , 1999
An Act to amend the Road Transport (Driver Licensing) Act 1998 so as to set out
the circumstances in which the Roads and Traffic Authority may retain and use
photographs of people who have applied for driver licences, "proof of age" cards
or certain other licences; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Road Transport (Driver Licensing) Amendment Bill 1999
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Road Transport (Driver Licensing) Amendment Act
1999.
2 Commencement
(1) Except as provided by subsections (2) and (3), this Act commences on
the date of assent.
(2) Schedule 1 commences on a day or days to be appointed by
proclamation.
(3) Schedule 2.1 [1] commences on the date of commencement of the
Road Transport (Safety and Traffic Management) Act 1999 or the date
of assent to this Act, whichever occurs later.
3 Amendment of Road Transport (Driver Licensing) Act 1998 No 99
The Road Transport (Driver Licensing) Act 1998 is amended as set
out in Schedule 1.
4 Further amendments
Each Act specified in Schedule 2 is amended as set out in that
Schedule.
Page 2
Road Transport (Driver Licensing) Amendment Bill 1999
Amendments relating to use of photographs Schedule 1
Schedule 1 Amendments relating to use of
photographs
(Section 3)
[1] Section 12 Security of information in registers
Insert at the end of section 12:
(2) However, if the register includes any photograph to which Part
5 applies, Part 5 (rather than the regulations) applies to the
release of that photograph.
[2] Section 32 Additional matters relating to identity
Omit section 32 (2) and (3).
[3] Part 5
Insert after section 38:
Part 5 Protection of stored photographs
39 Photographs to which this Part applies
This Part applies to:
(a) photographs taken or provided in relation to
applications for the issue or renewal by the Authority of
a driver licence, and
(b) photographs taken or provided for the purpose of
applications for the issue or renewal by the Authority of
a "proof of age" card, and
(c) photographs:
(i) taken or provided for the purpose of applications
for the issue or renewal by the Commissioner of
Police of a licence under the Firearms Act 1996
or the Security Industry Act 1997, and
(ii) forwarded by the Commissioner of Police to the
Authority.
Page 3
Road Transport (Driver Licensing) Amendment Bill 1999
Schedule 1 Amendments relating to use of photographs
40 Purposes for which photographs may be kept and used
(1) A photograph to which this Part applies may be kept and used
by the Authority only for one or more of the following
purposes:
(a) to reproduce the likeness of a person on a driver licence
or a "proof of age" card or on a licence under the
Firearms Act 1996 or the Security Industry Act 1997,
(b) to assist in determining the identity of any person in the
course of determining whether or not to issue, replace or
renew a driver licence or a "proof of age" card,
(c) to assist in determining the identity of any person in the
course of determining whether or not to register, or
renew the registration of, a vehicle under the Road
Transport (Vehicle Registration) Act 1997,
(d) in connection with an investigation relating to or
leading to criminal proceedings against a person under
section 22 (1) (a) (for obtaining or attempting to obtain
a driver licence or the renewal of a driver licence by a
false statement or any misrepresentation or other
dishonest means) or under any other provision of this
Act,
(e) in connection with an investigation relating to or
leading to criminal proceedings against a person under
section 19 of the Road Transport (Vehicle Registration)
Act 1997 (for obtaining registration or unregistered
vehicle permits by a false statement or any
misrepresentation or other dishonest means),
(f) for the conduct of criminal proceedings under this Act
or section 19 of the Road Transport (Vehicle
Registration) Act 1997,
(g) for any other purpose prescribed by the regulations.
(2) A photograph may be used for a purpose set out in this section
at the time that the photograph is provided or taken or at any
later time.
Page 4
Road Transport (Driver Licensing) Amendment Bill 1999
Amendments relating to use of photographs Schedule 1
41 Release of photographs prohibited
(1) The Authority must ensure that a photograph to which this Part
applies, and any photographic image or other matter contained
in any database of such photographs, is not released except:
(a) to the Police Service, or
(b) to a driver licensing authority of another State or
Territory, or
(c) for the purpose of the conduct of any criminal
proceedings:
(i) under this Act or under any provision of any
other road transport legislation (within the
meaning of section 5 of the Road Transport
(General) Act 1999), or
(ii) in relation to a "proof of age" card, or
(iii) in relation to a licence under the Firearms Act
1996 or the Security Industry Act 1997, or
(d) to the Sheriff, for the purpose of any fine recovery
proceedings, or
(e) as provided under any other law, or
(f) to the person whose likeness is shown in the
photograph or on the database, or
(g) in accordance with the regulations.
(2) Any release authorised by subsection (1) (a)(d), or authorised
by regulations made under subsection (1) (g), must be in
accordance with any protocol approved by the Privacy
Commissioner.
Page 5
Road Transport (Driver Licensing) Amendment Bill 1999
Schedule 2 Amendments relating to cancellation or suspension of driver licences
Schedule 2 Amendments relating to cancellation or
suspension of driver licences
(Section 4)
2.1 Road Transport (Driver Licensing) Act 1998 No 99
[1] Section 33 Cancellation or suspension of driver licence by Authority
Omit section 33 (5). Insert instead:
(5) In this section:
speeding offence means an offence that involves exceeding a
speed limit fixed by or under the Road Transport (Safety and
Traffic Management) Act 1999 and that is prescribed for the
purposes of this section.
[2] Schedule 3 Savings, transitional and other provisions
Insert after clause 9:
Part 4 Provisions consequent on enactment of Road
Transport (Driver Licensing) Amendment Act
1999
10 Transitional amendment regarding offences under Traffic Act
1909
(1) This clause applies if the Road Transport (Driver Licensing)
Amendment Act 1999 is assented to before the commencement
of the Road Transport (Safety and Traffic Management) Act
1999.
Page 6
Road Transport (Driver Licensing) Amendment Bill 1999
Amendments relating to cancellation or suspension of driver licences Schedule 2
(2) Until section 33 (5) is substituted by Schedule 2.1 [1] to the
Road Transport (Driver Licensing) Amendment Act 1999,
section 33 (5) (b) is taken to refer to an offence under section
4A (1A), (1B), (5B) or (5BA) of the Traffic Act 1909.
11 Transitional provision regarding offences under Road Transport
(Safety and Traffic Management) Act 1999
Until a regulation is made under section 33 (5), as amended by
the Road Transport (Driver Licensing) Amendment Act 1999,
the offences prescribed for the purposes of section 33 (5) are all
those offences that involve exceeding any speed limit fixed by
or under the Road Transport (Safety and Traffic Management)
Act 1999, applicable to the relevant driver or vehicle, by more
than 30 kilometres per hour.
12 Validation
(1) This clause applies to a driver licence that was purportedly
cancelled or suspended under section 33 of the Road Transport
(Driver Licensing) Act 1998 on or after the commencement of
that section and before the commencement of this clause.
(2) A driver licence to which this clause applies is taken to have
been validly cancelled or suspended if it could have been
cancelled or suspended had section 33, as referred to in clause
10 (2), been in force when the driver licence was cancelled or
suspended and had offences under section 4A (1A), (1B), (5B)
or (5BA) of the Traffic Act 1909 been prescribed under section
33 at that time.
Page 7
Road Transport (Driver Licensing) Amendment Bill 1999
Schedule 2 Amendments relating to cancellation or suspension of driver licences
2.2 Road Transport Legislation Amendment Act 1999 No 19
[1] Schedule 2 Consequential amendment of Acts
Omit "drivers licence" from section 25 (4) of the Road Transport (Driver
Licensing) Act 1998 (as proposed to be inserted by Schedule 2.36 [6]).
Insert instead "driver licence".
[2] Schedule 2.36 [14]
Omit the item.
Page 8
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