Taxi and Hire Vehicle Industries Regulations 2023

A person must not download a video recording from a security camera system unless – the person is acting at the direction of a police officer; or the person is acting at the direction of an authorised officer or the Commission; or the person is acting pursuant to an order or direction of a court or tribunal constituted by law; or it is necessary to reset the security camera system; or it is required under subregulation (2) to prevent the destruction and deletion of the video recording while the security camera system is being reset; or it is required as part of the installation or testing procedure of the security camera system. Fine not exceeding 30 penalty units.

If the resetting of a security camera system will result in the destruction or deletion of any video recordings from the security camera system, the person resetting the security camera system must download all video recordings from the security camera system before the system is reset. Fine not exceeding 30 penalty units.

If a video recording is downloaded under subregulation (1)(d), (e) or (f) and is not required for a police investigation, an investigation by an authorised officer or legal proceedings, the person downloading the video recording must – keep the video recording for a period of 14 days from the day on which the video recording was downloaded; and at the end of that 14-day period, dispose of the video recording in accordance with regulation 27. Fine not exceeding 30 penalty units.

Subregulation (3) does not apply to a video recording that is comprised entirely of test images.

For the purpose of subregulation (3), a video recording downloaded under subregulation (1)(d), (e) or (f) – is required for a police investigation, if the recording has been requested by a police officer under regulation 24(2); and is required for an investigation by an authorised officer, if the recording has been requested by an authorised officer under regulation 25(2).