New South Wales Consolidated Acts

PHOTO CARD ACT 2005 - SECT 29

29 Seizure of Photo Card

(1) An authorised officer to whom a Photo Card, or thing resembling a Photo Card, is produced by a person representing it to be the person’s Photo Card or in response to a direction under section 28 may, with no authority other than this section, seize the Photo Card or thing if the officer reasonably suspects that the Photo Card or thing:

(a) is not the person’s Photo Card or contains information that is false or misleading as to that person’s age or identity, or

(b) has been forged or fraudulently altered or altered in a way that is calculated to deceive, or obtained by a false statement or misrepresentation or other dishonest means, or

(c) is being used in contravention of any provision of this or any other Act or law.

(2) A Photo Card or thing seized under this section is to be forwarded to the Authority. The Authority must cause the Photo Card or thing to be returned (by delivery or by post) to the person who produced it unless subsection (3) applies.

(3) The Authority may retain possession of and deal with a Photo Card or thing forwarded to the Authority in such manner as the Authority thinks fit if satisfied that the Photo Card or thing:

(a) is not the Photo Card of the person from whom it was seized or contains information that is false or misleading as to that person’s age or identity, or

(b) has been forged or fraudulently altered or altered in a way that is calculated to deceive, or obtained by a false statement or misrepresentation or other dishonest means, or

(c) is being used in contravention of any provision of this or any other Act or law.