Photo Card Act 2005

This Act is the Photo Card Act 2005.

This Act commences on a day or days to be appointed by proclamation.

In this Act—

authorised officer means—

a police officer, or

a person who is appointed for the time being by Transport for NSW as an authorised officer for the purposes of the provision in which the expression is used, or

a person (or a person belonging to a class or description of persons) prescribed by the regulations.

Photo Card means a New South Wales Photo Card issued under this Act.

photograph includes a digitised, electronic or computer generated image, and electronic data and other information used to create or generate a photograph.

Register means the Photo Card Register maintained by Transport for NSW under this Act.

Transport for NSW or TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

Notes included in this Act do not form part of this Act.

Transport for NSW has the function of administering the scheme established by this Act for the New South Wales Photo Card and has such other functions as are conferred or imposed by or under this Act.

Transport for NSW is to issue the New South Wales Photo Card as provided by this Act.

A Photo Card is to be in such form as Transport for NSW determines.

Transport for NSW may issue a digital Photo Card within the meaning of Part 2A to an applicant for a Photo Card only if the applicant has elected, whether at the time of the application or subsequently, to receive a digital Photo Card.

Transport for NSW may charge a fee prescribed by the regulations for the issue of a Photo Card.

A Photo Card is valid for the period for which it is issued, as determined by Transport for NSW and specified on the Photo Card.

A Photo Card is and remains the property of Transport for NSW.

The regulations may provide for—

the waiver or refund of fees payable for the issue of a Photo Card, or

the exemption of persons, or classes of persons, from the requirement to pay a fee for the issue of a Photo Card.

A person is eligible for the issue of a Photo Card only if Transport for NSW is satisfied that the person—

is ordinarily resident in this State, and

is at least 16 years of age, and

(Repealed)

satisfies such other eligibility criteria as may be prescribed by the regulations.

(Repealed)

A regulation for the purposes of subsection (1)(d) is not to be made except on the recommendation of the Minister made after consultation with the Attorney General.

Transport for NSW must refuse to issue a Photo Card to a person if the person is not eligible for the issue of a Photo Card.

Transport for NSW may refuse to issue a Photo Card to a person if Transport for NSW is of the opinion that the person is not a fit and proper person to be in possession of a Photo Card because the person has been convicted of (or found guilty of or a guilty plea has been accepted for) any of the following offences—

an offence under this Act,

an offence involving fraud or dishonesty,

an offence prescribed by the regulations.

Transport for NSW may refuse to issue a Photo Card on such other grounds as may be prescribed by the regulations.

A regulation for the purposes of subsection (2)(c) or (3) is not to be made except on the recommendation of the Minister made after consultation with the Attorney General.

An application for the issue of a Photo Card is to be made to Transport for NSW in the form and manner required by Transport for NSW and supported by such information as Transport for NSW may reasonably require to establish or verify the eligibility, identity and residential address of the applicant.

An applicant for a Photo Card must provide a photograph of the applicant that is suitable for use on the Photo Card.

The applicant can provide the photograph only—

by authorising Transport for NSW to use any existing database photograph of the applicant that Transport for NSW determines to be suitable for use on a Photo Card to be issued to the applicant, or

if Transport for NSW determines that there is no existing database photograph of the applicant that is suitable, by having his or her photograph taken by Transport for NSW in accordance with arrangements made by Transport for NSW for the purpose.

In this section—

existing database photograph means a photograph of the applicant taken and kept by Transport for NSW in the exercise of any function under this Act, the Road Transport Act 2013, the Licensing and Registration (Uniform Procedures) Act 2002 or any other Act.

Transport for NSW may include on or otherwise as part of a Photo Card any identifying information about the person to whom the Photo Card is to be issued (in addition to a photograph of the person) that Transport for NSW considers necessary or useful for verifying the identity of the person to whom the Photo Card is issued.

An applicant for a Photo Card must provide, in the manner determined by Transport for NSW, any information that Transport for NSW decides to include under this section.

Transport for NSW may cancel a Photo Card issued to a person by notice in writing to the person on any of the following grounds—

the person is not eligible for the issue of a Photo Card,

the Photo Card was issued in error,

the photograph on the Photo Card is no longer a true likeness of the person,

the Photo Card is incorrect in any respect,

such other grounds as may be prescribed by the regulations.

Transport for NSW may, by the notice cancelling a Photo Card or by subsequent notice in writing to the person, direct the person to return a cancelled Photo Card to Transport for NSW.

A person who is given a direction under this section to return a Photo Card must return the Photo Card to Transport for NSW within 14 days after the direction is given or such longer period as the direction may allow.

Maximum penalty—20 penalty units.

Transport for NSW may decide to cancel a person’s Photo Card under this section without the person having been provided an opportunity to show cause why the Photo Card should not be cancelled.

If a person’s Photo Card is cancelled under this section, Transport for NSW may refuse to issue the person with any further Photo Card for such reasonable period as Transport for NSW may determine and specify in a notice served on the person by Transport for NSW.

The person to whom a Photo Card has been issued must notify Transport for NSW as soon as practicable if the Photo Card is damaged, stolen, lost or destroyed during the period for which the Photo Card is valid.

Maximum penalty—10 penalty units.