New South Wales Consolidated Acts

ROAD TRANSPORT (DRIVER LICENSING) ACT 1998 - SECT 40

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 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,

(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 ,

(c1) in connection with the exercise of functions conferred or imposed on the Authority by or under the photo-access arrangements under Part 4A of the Licensing and Registration (Uniform Procedures) Act 2002 ,

(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 ,

(f1) any purpose for which a photograph to which Part 4 (Security arrangements for photographs) of the Photo Card Act 2005 applies may be kept and used by the Authority under that Part,

(f2) any purpose for which a photograph to which Division 3 (Security and protection of photographs) of Part 4A of the Licensing and Registration (Uniform Procedures) Act 2002 applies may be kept and used by the Authority under that Division,

(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.