Photo Card Regulation 2024

This regulation is the Photo Card Regulation 2024.

This regulation commences on 1 September 2024.

Note—

This regulation replaces the Photo Card Regulation 2014, which is repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).

In this regulation—

CEO of Service NSW means the Chief Executive Officer of Service NSW.

driver licence has the same meaning as in the Road Transport Act 2013.

the Act means the Photo Card Act 2005.

Note—

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

For the Act, section 5(3), the following fees are prescribed for the issue of a Photo Card—

for a 10-year Photo Card—

if the applicant applies for the Photo Card at the same time as applying for the issue of a driver licence or the variation, renewal or replacement of the applicant’s existing driver licence—$6, or

if the applicant holds a driver licence but applies for the Photo Card other than at the time referred to in subparagraph (i)—$18, or

if the applicant does not hold a driver licence—$122,

for a 5-year Photo Card—

if the applicant applies for the Photo Card at the same time as applying for the issue of a driver licence or the variation, renewal or replacement of the applicant’s existing driver licence—$6, or

if the applicant holds a driver licence, but applies for the Photo Card other than at the time referred to in subparagraph (i)—$18, or

if the applicant does not holder a driver licence—$68,

for a replacement Photo Card—$18.

For the Act, section 5(6)(b), the following persons are exempt from the requirement to pay a fee for the issue of a Photo Card—

a person who holds a Seniors Card issued by the NSW Government,

a person who is an eligible pensioner within the meaning of the Motor Vehicles Taxation Act 1988,

a person who—

lives in New South Wales, and

receives a carer allowance under the Social Security Act 1991 of the Commonwealth.

For the Act, section 5(6)(a), Transport for NSW may waive or refund all or part of the fee payable for the issue of a Photo Card if Transport for NSW considers it appropriate to do so in the circumstances.

For the Act, section 11(1), the following are prescribed as grounds on which a Photo Card may be cancelled by Transport for NSW—

the person has failed without reasonable excuse to comply with a requirement under the Act, section 16(1) or (2),

the person—

has been convicted or found guilty of, or a guilty plea has been accepted for, an offence under the Act, or

has paid a penalty under the Act, section 34 for an alleged offence,

the person’s Photo Card has been seized and retained under the Act, section 29.

For the Act, section 36, the holder of a Photo Card may surrender the Photo Card by returning it to Transport for NSW.

A Photo Card that is surrendered no longer has effect.

For the Act, section 14(6), the holder of a Photo Card must notify Transport for NSW of a change to the following no later than 14 days after the change—

the holder’s name,

the holder’s residential address,

the holder’s address for service of notices.

Maximum penalty—20 penalty units.

The notice does not have to be in writing unless required by Transport for NSW.

A new residential address must be an address in New South Wales at which Transport for NSW may ordinarily contact the holder.

If there is no postal service to the holder’s residential address, the holder must provide an address for the service of notices.

The holder is not required to give notice of a change under this section if the Photo Card—

is no longer valid, or

has been cancelled, or

no longer has effect.

For the Act, section 13A, definition of relevant purpose, paragraph (c), a purpose under an Act or law for which a Photo Card may be used is prescribed.

For the Act, section 15, information may be released from the Photo Card Register for the following purposes—

using a digital Photo Card,

verifying the authenticity of a digital Photo Card.

For the Act, section 15, information about a person may, with the consent of the person, be released to Service NSW to enable the CEO of Service NSW to exercise a function under the Service NSW (One-stop Access to Government Services) Act 2013, section 4.

For the Act, section 15, information other than a photograph may be released to Austroads for the purposes of the National Exchange of Vehicle and Driver Information System.

Information of a personal nature must not be released if privacy legislation prevents the release.

In this section—

Austroads means Austroads Limited (ACN 136 812 390) and includes a successor to or continuation of that company.

privacy legislation means the following—

the Privacy and Personal Information Protection Act 1998,

the Health Records and Information Privacy Act 2002,

the regulations and codes of practice under the Acts referred to in paragraphs (a) and (b).

For the Act, section 18(1)(g), a photograph may be kept and used by Transport for NSW for a purpose for which a photograph of a person may be kept and used under the Road Transport (General) Regulation 2021, section 111.