New South Wales Consolidated Acts

ROAD TRANSPORT ACT 2013 - SECT 57

57 Release of photographs prohibited

(cf DL Act, s 41)

(1) Transport for NSW must ensure that a photograph to which this Part applies is not released except--

(a) to the NSW Police Force, or

(b) in connection with the exercise of its functions under the Passenger Transport Act 2014 , or

(ba) to the Point to Point Transport Commissioner for the purpose of enabling the Commissioner to exercise functions under the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 , or

(c) to a driver licensing authority of another jurisdiction, or

(d) for the purpose of the conduct of any criminal proceedings--

(i) under this Act or under any provision of any other road transport legislation, or

(ii) in relation to an operator licence under the Commercial Agents Act 2004 , or

(iii) in relation to a licence or permit under the Firearms Act 1996 , a licence under the Security Industry Act 1997 or a permit under the Weapons Prohibition Act 1998 , or

(iv) in relation to a licence or permit under the Tattoo Industry Act 2012 , or

(e) to the Sheriff, for the purpose of any fine recovery proceedings, or

(f) in the exercise of any function conferred or imposed on Transport for NSW by or under the information-access arrangements under Part 4A of the Licensing and Registration (Uniform Procedures) Act 2002 , or

(g) as provided under any other law, or

(h) to the person whose likeness is shown in the photograph or on the database, or

(ha) with the consent of the person whose likeness is shown in the photograph or on the database, or

(hb) to the Commissioner, within the meaning of the Tattoo Industry Act 2012 , for the purpose of enabling the Commissioner to exercise functions in relation to licences or permits under that Act, or

(i) 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

(j) 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

(ja) as provided by section 271A, or

(k) in accordance with the statutory rules.

(2) Any release authorised by subsection (1)(a)-(e), or authorised by statutory rules made for the purposes of subsection (1)(k), must be in accordance with any protocol approved by the Privacy Commissioner.

(3) Despite this section, photographs to which this Part applies must be provided to the Commissioner of Police on request if the request relates to the administration of--

(a) the Security Industry Act 1997 , or

(b) the Tattoo Industry Act 2012 .