New South Wales Consolidated Acts

ROAD TRANSPORT (DRIVER LICENSING) ACT 1998 - SECT 41

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 2005 ), 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

(d1) in the exercise of any function 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 , 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

(f1) as authorised or required under Part 4 (Security arrangements for photographs) of the Photo Card Act 2005 in respect of the release of photographs to which that Part applies, or

(f2) as authorised or required under Division 3 (Security and protection of photographs) of Part 4A of the Licensing and Registration (Uniform Procedures) Act 2002 in respect of the release of photographs to which that Division applies, 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.

(3) Despite this section, photographs to which this Part applies, and any photographic image or other matter contained in any database of such photographs, must be provided to the Commissioner of Police on request if the request relates to the administration of the Security Industry Act 1997 .