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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Road Traffic Legislation Amendment
(Information) Bill 2010
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Road Traffic Act 1974
amended
3. Act amended 3
4. Section 5 amended 3
5. Section 6B amended 4
6. Section 8 replaced 5
8. Exchange of information between Director
General and Commissioner of Police 5
9. Exchange of information between Director
General and other authorities 7
10. Disclosure of information to Commissioner
of Main Roads 9
11. Disclosure of information to Registrar 9
12. Disclosure of information to prescribed
persons 10
13. Disclosure of information for road safety
purposes 11
7. Section 42 amended 11
8. Section 42E amended 11
9. Section 43A inserted 12
43A. Matters to do with identity 12
10. Part IVA Division 4A inserted 14
Division 4A -- Disclosure of photographs
44AA. Terms used 14
44AB. Disclosure to police, ASIO and law
enforcement officials 15
44AC. Disclosure to executor or administrator 15
170--2 page i
Road Traffic Legislation Amendment (Information) Bill 2010
Contents
11. Sections 45 and 46 deleted 15
12. Section 103 inserted 16
103. Confidentiality of information 16
13. Section 104G amended 16
14. Section 104O amended 17
15. Section 107 amended 17
Part 3 -- Road Traffic
(Administration)
Act 2008 amended
16. Act amended 18
17. Section 4 amended 18
18. Section 11 amended 19
19. Section 12 replaced 20
12. Exchange of information between CEO
and Commissioner of Police 20
13A. Exchange of information between CEO
and other authorities 22
13B. Disclosure of information to Commissioner
of Main Roads 23
13C. Disclosure of information to Registrar 24
20. Section 13 amended 24
21. Sections 14 and 15 replaced 25
14. Disclosure of information to prescribed
persons 25
15. Disclosure of information for road safety
purposes 26
22. Section 143A inserted 26
143A. Confidentiality of information 26
Part 4 -- Road Traffic (Authorisation
to Drive) Act 2008 amended
23. Act amended 28
24. Section 9 amended 28
25. Section 11A inserted 28
11A. Matters to do with identity 28
26. Part 2 Division 3A inserted 30
Division 3A -- Disclosure of photographs
11B. Terms used 30
11C. Disclosure to police, ASIO and law
enforcement officials 31
11D. Disclosure to executor or administrator 32
27. Section 47 amended 32
page ii
Western Australia
LEGISLATIVE COUNCIL
(As amended in committee)
Road Traffic Legislation Amendment
(Information) Bill 2010
A Bill for
An Act to amend --
the Road Traffic Act 1974; and
the Road Traffic (Administration) Act 2008; and
the Road Traffic (Authorisation to Drive) Act 2008,
in relation to the disclosure of certain classes of information, the
provision of photographs and signatures for use on learner's
permits, and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Road Traffic Legislation Amendment (Information) Bill 2010
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Road Traffic Legislation Amendment (Information)
4 Act 2010.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation,
10 and different days may be fixed for different provisions.
page 2
Road Traffic Legislation Amendment (Information) Bill 2010
Road Traffic Act 1974 amended Part 2
s. 3
1 Part 2 -- Road Traffic Act 1974 amended
2 3. Act amended
3 This Part amends the Road Traffic Act 1974.
4 4. Section 5 amended
5 In section 5(1) insert in alphabetical order:
6
7 demerit points information means information
8 contained in the demerit points register as defined in
9 section 104;
10 disclose includes to provide, to release and to give
11 access to;
12 driver's licence information means information about
13 driver's licences including --
14 (a) details of the persons who have made
15 applications for or in relation to those licences;
16 and
17 (b) details of the persons who hold or have held
18 those licences; and
19 (c) information contained in the driver's licence
20 register referred to in section 42(1)(a)(ii),
21 but not including photographs and signatures provided
22 to the Director General under Part IVA;
23 instructor information means information about
24 licences and permits under the Motor Vehicle Drivers
25 Instructors Act 1963 including --
26 (a) details of the persons who have made
27 applications for or in relation to those licences
28 and permits; and
29 (b) details of the persons who hold or have held
30 those licences and permits;
page 3
Road Traffic Legislation Amendment (Information) Bill 2010
Part 2 Road Traffic Act 1974 amended
s. 5
1 optional plates information means information about
2 optional number plates referred to in section 113
3 including --
4 (a) details of the persons who have the right to use
5 those number plates; and
6 (b) details of the persons to whom those number
7 plates have been supplied;
8 permit information means information about learner's
9 permits or permits under section 26(1) including --
10 (a) details of the persons who have made
11 applications for or in relation to those permits;
12 and
13 (b) details of the persons who hold or have held
14 those permits,
15 but not including photographs and signatures provided
16 to the Director General under Part IVA;
17 vehicle licence information means information about
18 vehicle licences under this Act including --
19 (a) details of the persons who have made
20 applications for or in relation to those licences;
21 and
22 (b) details of the persons who hold or have held
23 those licences; and
24 (c) information contained in the register of vehicle
25 licences referred to in section 27(1);
26
27 5. Section 6B amended
28 After section 6B(4) insert:
29
30 (5A) The Director General may disclose the following
31 information to the body or person with whom the
32 agreement is made if the Director General considers
page 4
Road Traffic Legislation Amendment (Information) Bill 2010
Road Traffic Act 1974 amended Part 2
s. 6
1 that the information is required for the purposes of
2 performing a function under the agreement --
3 (a) driver's licence information;
4 (b) permit information;
5 (c) vehicle licence information;
6 (d) optional plates information;
7 (e) demerit points information;
8 (f) instructor information.
9
10 6. Section 8 replaced
11 Delete section 8 and insert:
12
13 8. Exchange of information between Director General
14 and Commissioner of Police
15 (1) In this section --
16 incident information means --
17 (a) information provided in relation to an incident
18 in a report made under section 56(1) or (4); and
19 (b) details of any evidence, statement, report or
20 other information obtained as a result of any
21 investigation made into the incident;
22 offence information means details of --
23 (a) any offence of which a person has been
24 convicted whether within the State or elsewhere
25 and whether relating to a road traffic matter or
26 any other matter; and
27 (b) any penalty, suspension, cancellation or
28 disqualification arising from any such
29 conviction; and
page 5
Road Traffic Legislation Amendment (Information) Bill 2010
Part 2 Road Traffic Act 1974 amended
s. 6
1 (c) the instances in which a person has paid a
2 penalty under a traffic infringement notice
3 under this Act;
4 relevant authorisation means --
5 (a) a driver's licence; or
6 (b) a vehicle licence under this Act; or
7 (c) a learner's permit; or
8 (d) a permit under section 26(1); or
9 (e) a licence or permit under the Motor Vehicle
10 Drivers Instructors Act 1963.
11 (2) The Director General must disclose the following
12 information to the Commissioner of Police --
13 (a) driver's licence information;
14 (b) permit information;
15 (c) vehicle licence information;
16 (d) optional plates information;
17 (e) demerit points information;
18 (f) instructor information;
19 (g) information obtained from a relevant authority
20 under section 9.
21 (3) Information disclosed under subsection (2) --
22 (a) may be used in the performance of the
23 Commissioner of Police's functions, whether
24 under this Act or otherwise, but not for any
25 other purpose; and
26 (b) may be disclosed by the Commissioner of
27 Police to an officer, department or
28 instrumentality of this State, another State, a
29 Territory, the Commonwealth or another
30 country for use in the performance of the
31 functions of that officer, department or
32 instrumentality but not for any other purpose.
page 6
Road Traffic Legislation Amendment (Information) Bill 2010
Road Traffic Act 1974 amended Part 2
s. 6
1 (4) The Commissioner of Police must disclose the
2 following information to the Director General --
3 (a) incident information about a person who has
4 applied for, holds or has held a relevant
5 authorisation;
6 (b) offence information about a person who has
7 applied for, holds or has held a relevant
8 authorisation;
9 (c) information about the impounding or
10 confiscation of vehicles under Part V
11 Division 4;
12 (d) information of a class prescribed by the
13 regulations for the purposes of this subsection.
14 (5) Information disclosed under subsection (4) may be
15 used in the performance of the Director General's
16 functions under this Act or the Motor Vehicle Drivers
17 Instructors Act 1963 but not for any other purpose.
18 (6) The disclosure of information under subsection (2) or
19 (4) is to be free of charge.
20 9. Exchange of information between Director General
21 and other authorities
22 (1) In this section --
23 infringement notice has the meaning given in
24 section 104(1);
25 relevant authority means --
26 (a) an Australian driver licensing authority; or
27 (b) an external licensing authority; or
28 (c) a person whose functions under the law of
29 another jurisdiction correspond or substantially
30 correspond to a function of the Director
31 General under this Act; or
page 7
Road Traffic Legislation Amendment (Information) Bill 2010
Part 2 Road Traffic Act 1974 amended
s. 6
1 (d) a person prescribed, or of a class prescribed, by
2 the regulations for the purposes of this
3 definition.
4 (2) The Director General may disclose the following
5 information to a relevant authority if the Director
6 General considers that the information is required by
7 the relevant authority for the purposes of performing its
8 functions --
9 (a) driver's licence information;
10 (b) permit information;
11 (c) vehicle licence information;
12 (d) optional plates information;
13 (e) demerit points information;
14 (f) instructor information.
15 (3) The disclosure of information under subsection (2) is to
16 be free of charge.
17 (4) If information disclosed under subsection (2) includes
18 information about an offence of which a person has
19 been convicted or for which a person has been given an
20 infringement notice, the Director General must also
21 disclose to the relevant authority --
22 (a) any quashing of the conviction; or
23 (b) any withdrawal of the infringement notice or
24 the matter coming before a court for
25 determination; or
26 (c) any withdrawal of proceedings under the Fines,
27 Penalties and Infringement Notices
28 Enforcement Act 1994 Part 3 in respect of the
29 infringement notice; or
30 (d) anything else known to the Director General
31 concerning the offence, the disclosure of which
32 is likely to be favourable to that person.
page 8
Road Traffic Legislation Amendment (Information) Bill 2010
Road Traffic Act 1974 amended Part 2
s. 6
1 (5) The Director General may seek from a relevant
2 authority any information that the Director General
3 considers is required for the purposes of performing the
4 Director General's functions under this Act.
5 (6) The Director General may, for the purposes of
6 performing the Director General's functions under this
7 Act, use information obtained from a relevant
8 authority.
9 10. Disclosure of information to Commissioner of Main
10 Roads
11 (1) The Director General must disclose the following
12 information to the Commissioner of Main Roads --
13 (a) driver's licence information;
14 (b) permit information;
15 (c) vehicle licence information;
16 (d) information obtained from a relevant authority
17 under section 9.
18 (2) Information disclosed under subsection (1) may be
19 used in the performance of the functions of the
20 Commissioner of Main Roads under this Act but not
21 for any other purpose.
22 (3) The disclosure of information under subsection (1) is to
23 be free of charge.
24 11. Disclosure of information to Registrar
25 (1) The Director General must disclose the following
26 information to the Registrar appointed under the Fines,
27 Penalties and Infringement Notices Enforcement
28 Act 1994 --
29 (a) driver's licence information;
30 (b) permit information;
31 (c) vehicle licence information.
page 9
Road Traffic Legislation Amendment (Information) Bill 2010
Part 2 Road Traffic Act 1974 amended
s. 6
1 (2) Information disclosed under subsection (1) may be
2 used in the performance of the Registrar's functions
3 under the Fines, Penalties and Infringement Notices
4 Enforcement Act 1994 but not for any other purpose.
5 (3) The disclosure of information under subsection (1) is to
6 be free of charge.
7 12. Disclosure of information to prescribed persons
8 (1) In this section --
9 authorised purpose means --
10 (a) the purpose of performing functions under a
11 written law, a law of another jurisdiction or a
12 law of the Commonwealth; or
13 (b) a purpose related to the administration or
14 enforcement of a written law, a law of another
15 jurisdiction or a law of the Commonwealth; or
16 (c) a purpose prescribed by the regulations for the
17 purposes of this definition;
18 prescribed person means a person prescribed, or of a
19 class prescribed, by the regulations for the purposes of
20 this definition.
21 (2) The Director General may disclose the following
22 information to a prescribed person if the Director
23 General considers that the information is required by
24 the person for an authorised purpose --
25 (a) driver's licence information;
26 (b) permit information;
27 (c) vehicle licence information;
28 (d) demerit points information;
29 (e) instructor information.
page 10
Road Traffic Legislation Amendment (Information) Bill 2010
Road Traffic Act 1974 amended Part 2
s. 7
1 13. Disclosure of information for road safety purposes
2 (1) In this section --
3 road safety purpose means --
4 (a) the purpose of research directed to the
5 promotion of road safety; or
6 (b) the purpose of distributing information about
7 road safety.
8 (2) The Director General may disclose the following
9 information to a person if the Director General
10 considers that the information is required by the person
11 for a road safety purpose --
12 (a) driver's licence information;
13 (b) permit information;
14 (c) vehicle licence information;
15 (d) demerit points information;
16 (e) instructor information.
17
18 7. Section 42 amended
19 Delete section 42(6)(a).
20 8. Section 42E amended
21 (1) After section 42E(2) insert:
22
23 (3A) Subsection (2) does not prevent the grant or renewal of
24 a driver's licence if the applicant has provided the
25 Director General with a photograph and signature
26 under section 43A within 10 years of the application.
27
page 11
Road Traffic Legislation Amendment (Information) Bill 2010
Part 2 Road Traffic Act 1974 amended
s. 9
1 (2) After section 42E(5) insert:
2
3 (6A) Subsection (5) does not apply to a person who
4 possesses a photograph provided under this section as a
5 result of its disclosure under Division 4A.
6
7 (3) Delete section 42E(6)(a) and insert:
8
9 (a) reproduces, by any means, a photograph or
10 signature provided under this section; or
11
12 9. Section 43A inserted
13 At the end of Part IVA Division 3 insert:
14
15 43A. Matters to do with identity
16 (1) In this section --
17 destroyed includes damaged so as to be unusable;
18 photograph includes a negative or an image stored
19 electronically.
20 (2) The Director General cannot issue a learner's permit
21 until the applicant has provided, in support of the
22 application, any evidence required by the regulations to
23 establish the applicant's identity and residential address
24 in this State.
25 (3) Except as prescribed in the regulations, the Director
26 General cannot issue a learner's permit unless the
27 applicant has provided the Director General with --
28 (a) a photograph taken at the time of the
29 application; and
page 12
Road Traffic Legislation Amendment (Information) Bill 2010
Road Traffic Act 1974 amended Part 2
s. 9
1 (b) a signature made at the time of the application,
2 for use on the learner's permit document and, in the
3 circumstances described in subsection (5), on a driver's
4 licence document issued to the applicant.
5 (4) The photograph and signature are to be provided in a
6 manner and form approved by the Director General.
7 (5) A photograph or signature provided under this section
8 may be used on a driver's licence document for a
9 driver's licence granted or renewed within 10 years of
10 the application for the learner's permit.
11 (6) The Director General must ensure that any photograph
12 or signature provided under this section is destroyed if
13 it, or a copy of it, has not been used on --
14 (a) a learner's permit document for a learner's
15 permit issued in the preceding 10 years; or
16 (b) a driver's licence document for a driver's
17 licence granted or renewed in the preceding
18 10 years.
19 (7) A person who, other than for the purposes of this Part,
20 possesses a photograph or signature provided under
21 this section that is not on a learner's permit document
22 or a driver's licence document commits an offence.
23 Penalty: Imprisonment for 2 years.
24 (8) Subsection (7) does not apply to a person who
25 possesses a photograph provided under this section as a
26 result of its disclosure under Division 4A.
27 (9) A person employed or engaged in connection with any
28 aspect of the production of learner's permit documents
29 or driver's licence documents or otherwise concerned
30 in the administration of this Part, who, otherwise than
31 in the administration of this Part --
32 (a) reproduces, by any means, a photograph or
33 signature provided under this section; or
page 13
Road Traffic Legislation Amendment (Information) Bill 2010
Part 2 Road Traffic Act 1974 amended
s. 10
1 (b) causes or permits another person to do so,
2 commits an offence.
3 Penalty: Imprisonment for 2 years.
4
5 10. Part IVA Division 4A inserted
6 After Part IVA Division 3 insert:
7
8 Division 4A -- Disclosure of photographs
9 44AA. Terms used
10 In this Division --
11 ASIO Act means the Australian Security Intelligence
12 Organisation Act 1979 (Commonwealth);
13 ASIO official means --
14 (a) the Director-General of Security; or
15 (b) an officer or employee of the Australian
16 Security Intelligence Organisation (continued
17 under the ASIO Act) who is authorised by the
18 Director-General of Security for the purposes
19 of this Division;
20 Director-General of Security means the
21 Director-General of Security holding office under the
22 ASIO Act;
23 law enforcement official means a person prescribed, or
24 a person of a class prescribed, by the regulations for the
25 purposes of this Division;
26 photograph means a photograph provided to the
27 Director General under this Part;
28 police official means --
29 (a) the Commissioner of Police; or
page 14
Road Traffic Legislation Amendment (Information) Bill 2010
Road Traffic Act 1974 amended Part 2
s. 11
1 (b) a member of the Police Force who is authorised
2 by the Commissioner of Police for the purposes
3 of this Division; or
4 (c) a person employed or engaged in the
5 department of the Public Service principally
6 assisting in the administration of the Police
7 Act 1892 who is authorised by the
8 Commissioner of Police for the purposes of this
9 Division.
10 44AB. Disclosure to police, ASIO and law enforcement
11 officials
12 (1) The Director General must disclose photographs to a
13 police official for the purposes of the performance of
14 the police official's functions under this Act or another
15 written law.
16 (2) The Director General must disclose photographs to an
17 ASIO official for the purposes of the performance of
18 the ASIO official's functions under the ASIO Act or
19 another law of the Commonwealth.
20 (3) The Director General may, with the prior approval of
21 the Commissioner of Police, disclose photographs to a
22 law enforcement official if the Director General
23 considers that the photographs are required for the
24 purposes of the performance of the law enforcement
25 official's functions under a written law, a law of
26 another jurisdiction or a law of the Commonwealth.
27 44AC. Disclosure to executor or administrator
28 If the person shown in a photograph has died, the
29 Director General may disclose the photograph to an
30 executor or administrator of the person's estate.
31 11. Sections 45 and 46 deleted
32 Delete sections 45 and 46.
page 15
Road Traffic Legislation Amendment (Information) Bill 2010
Part 2 Road Traffic Act 1974 amended
s. 12
1 12. Section 103 inserted
2 At the end of Part VI insert:
3
4 103. Confidentiality of information
5 (1) A person who is or has been engaged in the
6 performance of functions under this Act must not,
7 directly or indirectly, record, disclose or make use of
8 information obtained under this Act except --
9 (a) for a purpose related to the administration or
10 enforcement of this Act; or
11 (b) as required or authorised under this Act or
12 another written law; or
13 (c) with the consent of the person to whom the
14 information relates; or
15 (d) in circumstances prescribed by the regulations.
16 Penalty: a fine of 100 PU or imprisonment for
17 12 months.
18 (2) Subsection (1) does not prevent the disclosure of
19 statistical or other information that could not
20 reasonably be expected to lead to the identification of
21 any person to whom it relates.
22
23 13. Section 104G amended
24 (1) In section 104G(3) and (4) delete "section 45." and insert:
25
26 section 9.
27
28 (2) In section 104G(5) delete "section 45" and insert:
29
30 section 9
31
page 16
Road Traffic Legislation Amendment (Information) Bill 2010
Road Traffic Act 1974 amended Part 2
s. 14
1 14. Section 104O amended
2 Delete section 104O(9).
3 15. Section 107 amended
4 In section 107(4) delete "53 or 97" and insert:
5
6 53, 97 or 103(1)
7
page 17
Road Traffic Legislation Amendment (Information) Bill 2010
Part 3 Road Traffic (Administration) Act 2008 amended
s. 16
1 Part 3 -- Road Traffic (Administration)
2 Act 2008 amended
3 16. Act amended
4 This Part amends the Road Traffic (Administration) Act 2008.
5 17. Section 4 amended
6 In section 4 insert in alphabetical order:
7
8 demerit points information means information
9 contained in the demerit points register;
10 disclose includes to provide, to release and to give
11 access to;
12 driver's licence information means information about
13 driver's licences including --
14 (a) details of the persons who have made
15 applications for or in relation to those licences;
16 and
17 (b) details of the persons who hold or have held
18 those licences; and
19 (c) information contained in the driver's licence
20 register,
21 but not including photographs and signatures provided
22 to the CEO under the Road Traffic (Authorisation to
23 Drive) Act 2008 Part 2;
24 instructor information means information about
25 licences and permits under the Motor Vehicle Drivers
26 Instructors Act 1963 including --
27 (a) details of the persons who have made
28 applications for or in relation to those licences
29 and permits; and
30 (b) details of the persons who hold or have held
31 those licences and permits;
page 18
Road Traffic Legislation Amendment (Information) Bill 2010
Road Traffic (Administration) Act 2008 amended Part 3
s. 18
1 permit information means information about learner's
2 permits including --
3 (a) details of the persons who have made
4 applications for or in relation to those permits;
5 and
6 (b) details of the persons who hold or have held
7 those permits,
8 but not including photographs and signatures provided
9 to the CEO under the Road Traffic (Authorisation to
10 Drive) Act 2008 Part 2;
11 vehicle licence information means information about
12 vehicle licences including --
13 (a) details of the persons who have made
14 applications for or in relation to those licences;
15 and
16 (b) details of the persons who hold or have held
17 those licences;
18
19 18. Section 11 amended
20 After section 11(4) insert:
21
22 (5A) The CEO may disclose the following information to
23 the body or person with whom the agreement is made
24 if the CEO considers that the information is required
25 for the purposes of performing a function under the
26 agreement --
27 (a) driver's licence information;
28 (b) permit information;
29 (c) vehicle licence information;
30 (d) demerit points information;
31 (e) instructor information.
32
page 19
Road Traffic Legislation Amendment (Information) Bill 2010
Part 3 Road Traffic (Administration) Act 2008 amended
s. 19
1 19. Section 12 replaced
2 Delete section 12 and insert:
3
4 12. Exchange of information between CEO and
5 Commissioner of Police
6 (1) In this section --
7 incident information means --
8 (a) information provided in relation to an incident
9 in a report made under the Road Traffic
10 Act 1974 section 56(1) or (4); and
11 (b) details of any evidence, statement, report or
12 other information obtained as a result of any
13 investigation made into the incident;
14 offence information means details of --
15 (a) any offence of which a person has been
16 convicted whether within the State or elsewhere
17 and whether relating to a road traffic matter or
18 any other matter; and
19 (b) any penalty, suspension, cancellation or
20 disqualification arising from any such
21 conviction; and
22 (c) the instances in which a person has paid a
23 penalty under an infringement notice;
24 relevant authorisation means --
25 (a) a driver's licence; or
26 (b) a vehicle licence; or
27 (c) a learner's permit; or
28 (d) a licence or permit under the Motor Vehicle
29 Drivers Instructors Act 1963.
page 20
Road Traffic Legislation Amendment (Information) Bill 2010
Road Traffic (Administration) Act 2008 amended Part 3
s. 19
1 (2) The CEO must disclose the following information to
2 the Commissioner of Police --
3 (a) driver's licence information;
4 (b) permit information;
5 (c) vehicle licence information;
6 (d) demerit points information;
7 (e) instructor information;
8 (f) information obtained from a relevant authority
9 under section 13A.
10 (3) Information disclosed under subsection (2) --
11 (a) may be used in the performance of the
12 Commissioner of Police's functions, whether
13 under a road law or otherwise, but not for any
14 other purpose; and
15 (b) may be disclosed by the Commissioner of
16 Police to an officer, department or
17 instrumentality of this State, another State, a
18 Territory, the Commonwealth or another
19 country for use in the performance of the
20 functions of that officer, department or
21 instrumentality but not for any other purpose.
22 (4) The Commissioner of Police must disclose the
23 following information to the CEO --
24 (a) incident information about a person who has
25 applied for, holds or has held a relevant
26 authorisation;
27 (b) offence information about a person who has
28 applied for, holds or has held a relevant
29 authorisation;
30 (c) information about the impounding or
31 confiscation of vehicles under the Road Traffic
32 Act 1974 Part V Division 4;
page 21
Road Traffic Legislation Amendment (Information) Bill 2010
Part 3 Road Traffic (Administration) Act 2008 amended
s. 19
1 (d) information of a class prescribed by the
2 regulations for the purposes of this subsection.
3 (5) Information disclosed under subsection (4) may be
4 used in the performance of the CEO's functions under
5 a road law or the Motor Vehicle Drivers Instructors
6 Act 1963 but not for any other purpose.
7 (6) The disclosure of information under subsection (2) or
8 (4) is to be free of charge.
9 13A. Exchange of information between CEO and other
10 authorities
11 (1) In this section --
12 infringement notice has the meaning given in the Road
13 Traffic (Authorisation to Drive) Act 2008 section 40(1);
14 relevant authority means --
15 (a) an Australian driver licensing authority; or
16 (b) a corresponding authority; or
17 (c) an external licensing authority as defined in the
18 Road Traffic (Authorisation to Drive) Act 2008
19 section 3(1); or
20 (d) a person prescribed, or of a class prescribed, by
21 the regulations for the purposes of this
22 definition.
23 (2) The CEO may disclose the following information to a
24 relevant authority if the CEO considers that the
25 information is required by the relevant authority for the
26 purposes of performing its functions --
27 (a) driver's licence information;
28 (b) permit information;
29 (c) vehicle licence information;
30 (d) demerit points information;
31 (e) instructor information.
page 22
Road Traffic Legislation Amendment (Information) Bill 2010
Road Traffic (Administration) Act 2008 amended Part 3
s. 19
1 (3) The disclosure of information under subsection (2) is to
2 be free of charge.
3 (4) If information disclosed under subsection (2) includes
4 information about an offence of which a person has
5 been convicted or for which a person has been given an
6 infringement notice, the CEO must also disclose to the
7 relevant authority --
8 (a) any quashing of the conviction; or
9 (b) any withdrawal of the infringement notice or
10 the matter coming before a court for
11 determination; or
12 (c) any withdrawal of proceedings under the Fines,
13 Penalties and Infringement Notices
14 Enforcement Act 1994 Part 3 in respect of the
15 infringement notice; or
16 (d) anything else known to the CEO concerning the
17 offence, the disclosure of which is likely to be
18 favourable to that person.
19 (5) The CEO may seek from a relevant authority any
20 information that the CEO considers is required for the
21 purposes of performing the CEO's functions under a
22 road law.
23 (6) The CEO may, for the purposes of performing the
24 CEO's functions under a road law, use information
25 obtained from a relevant authority.
26 13B. Disclosure of information to Commissioner of Main
27 Roads
28 (1) The CEO must disclose the following information to
29 the Commissioner of Main Roads --
30 (a) driver's licence information;
31 (b) permit information;
32 (c) vehicle licence information;
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Road Traffic Legislation Amendment (Information) Bill 2010
Part 3 Road Traffic (Administration) Act 2008 amended
s. 20
1 (d) information obtained from a relevant authority
2 under section 13A.
3 (2) Information disclosed under subsection (1) may be
4 used in the performance of the functions of the
5 Commissioner of Main Roads under a road law but not
6 for any other purpose.
7 (3) The disclosure of information under subsection (1) is to
8 be free of charge.
9 13C. Disclosure of information to Registrar
10 (1) The CEO must disclose the following information to
11 the Registrar appointed under the Fines, Penalties and
12 Infringement Notices Enforcement Act 1994 --
13 (a) driver's licence information;
14 (b) permit information;
15 (c) vehicle licence information.
16 (2) Information disclosed under subsection (1) may be
17 used in the performance of the Registrar's functions
18 under the Fines, Penalties and Infringement Notices
19 Enforcement Act 1994 but not for any other purpose.
20 (3) The disclosure of information under subsection (1) is to
21 be free of charge.
22
23 20. Section 13 amended
24 (1) In section 13(1) delete "provide" and insert:
25
26 disclose
27
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Road Traffic Legislation Amendment (Information) Bill 2010
Road Traffic (Administration) Act 2008 amended Part 3
s. 21
1 (2) In section 13(2) delete "section 78." and insert:
2
3 section 13A or 78.
4
5 Note: The heading to amended section 13 is to read:
6 Disclosure of information to corresponding authorities
7 21. Sections 14 and 15 replaced
8 Delete sections 14 and 15 and insert:
9
10 14. Disclosure of information to prescribed persons
11 (1) In this section --
12 authorised purpose means --
13 (a) the purpose of performing functions under a
14 written law or a law of another jurisdiction; or
15 (b) a purpose related to the administration or
16 enforcement of a written law or a law of
17 another jurisdiction; or
18 (c) a purpose prescribed by the regulations for the
19 purposes of this definition;
20 prescribed person means a person prescribed, or of a
21 class prescribed, by the regulations for the purposes of
22 this definition.
23 (2) The CEO may disclose the following information to a
24 prescribed person if the CEO considers that the
25 information is required by the person for an authorised
26 purpose --
27 (a) driver's licence information;
28 (b) permit information;
29 (c) vehicle licence information;
30 (d) demerit points information;
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Road Traffic Legislation Amendment (Information) Bill 2010
Part 3 Road Traffic (Administration) Act 2008 amended
s. 22
1 (e) instructor information.
2 15. Disclosure of information for road safety purposes
3 (1) In this section --
4 road safety purpose means --
5 (a) the purpose of research directed to the
6 promotion of road safety; or
7 (b) the purpose of distributing information about
8 road safety.
9 (2) The CEO may disclose the following information to a
10 person if the CEO considers that the information is
11 required by the person for a road safety purpose --
12 (a) driver's licence information;
13 (b) permit information;
14 (c) vehicle licence information;
15 (d) demerit points information;
16 (e) instructor information.
17
18 22. Section 143A inserted
19 After section 142 insert:
20
21 143A. Confidentiality of information
22 (1) A person who is or has been engaged in the
23 performance of functions under a road law must not,
24 directly or indirectly, record, disclose or make use of
25 information obtained under a road law except --
26 (a) for a purpose related to the administration or
27 enforcement of a road law; or
28 (b) as required or authorised under a road law or
29 another written law; or
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Road Traffic Legislation Amendment (Information) Bill 2010
Road Traffic (Administration) Act 2008 amended Part 3
s. 22
1 (c) with the consent of the person to whom the
2 information relates; or
3 (d) in circumstances prescribed by the regulations.
4 Penalty: a fine of 100 PU or imprisonment for
5 12 months.
6 (2) Subsection (1) does not prevent the disclosure of
7 statistical or other information that could not
8 reasonably be expected to lead to the identification of
9 any person to whom it relates.
10
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Road Traffic Legislation Amendment (Information) Bill 2010
Part 4 Road Traffic (Authorisation to Drive) Act 2008 amended
s. 23
1 Part 4 -- Road Traffic (Authorisation to Drive)
2 Act 2008 amended
3 23. Act amended
4 This Part amends the Road Traffic (Authorisation to Drive)
5 Act 2008.
6 24. Section 9 amended
7 (1) After section 9(3) insert:
8
9 (4A) Subsection (3) does not prevent the grant or renewal of
10 a driver's licence if the applicant has provided the CEO
11 with a photograph and signature under section 11A
12 within 10 years of the application.
13
14 (2) After section 9(6) insert:
15
16 (7A) Subsection (6) does not apply to a person who
17 possesses a photograph provided under this section as a
18 result of its disclosure under Division 3A.
19
20 (3) Delete section 9(7)(a) and insert:
21
22 (a) reproduces, by any means, a photograph or
23 signature provided under this section; or
24
25 25. Section 11A inserted
26 At the end of Part 2 Division 2 insert:
27
28 11A. Matters to do with identity
29 (1) In this section --
30 destroyed includes damaged so as to be unusable;
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Road Traffic Legislation Amendment (Information) Bill 2010
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s. 25
1 photograph includes a negative or an image stored
2 electronically.
3 (2) The CEO cannot issue a learner's permit until the
4 applicant has provided, in support of the application,
5 any evidence required by the regulations to establish
6 the applicant's identity and residential address in this
7 State.
8 (3) Except as prescribed in the regulations, the CEO
9 cannot issue a learner's permit unless the applicant has
10 provided the CEO with --
11 (a) a photograph taken at the time of the
12 application; and
13 (b) a signature made at the time of the application,
14 for use on the learner's permit document and, in the
15 circumstances described in subsection (5), on a driver's
16 licence document issued to the applicant.
17 (4) The photograph and signature are to be provided in a
18 manner and form approved by the CEO.
19 (5) A photograph or signature provided under this section
20 may be used on a driver's licence document for a
21 driver's licence granted or renewed within 10 years of
22 the application for the learner's permit.
23 (6) The CEO must ensure that any photograph or signature
24 provided under this section is destroyed if it, or a copy
25 of it, has not been used on --
26 (a) a learner's permit document for a learner's
27 permit issued in the preceding 10 years; or
28 (b) a driver's licence document for a driver's
29 licence granted or renewed in the preceding
30 10 years.
31 (7) A person who, other than for the purposes of this Part,
32 possesses a photograph or signature provided under
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Road Traffic Legislation Amendment (Information) Bill 2010
Part 4 Road Traffic (Authorisation to Drive) Act 2008 amended
s. 26
1 this section that is not on a learner's permit document
2 or a driver's licence document commits an offence.
3 Penalty: Imprisonment for 2 years.
4 (8) Subsection (7) does not apply to a person who
5 possesses a photograph provided under this section as a
6 result of its disclosure under Division 3A.
7 (9) A person employed or engaged in connection with any
8 aspect of the production of learner's permit documents
9 or driver's licence documents or otherwise concerned
10 in the administration of this Part, who, otherwise than
11 in the administration of this Part --
12 (a) reproduces, by any means, a photograph or
13 signature provided under this section; or
14 (b) causes or permits another person to do so,
15 commits an offence.
16 Penalty: Imprisonment for 2 years.
17
18 26. Part 2 Division 3A inserted
19 After Part 2 Division 2 insert:
20
21 Division 3A -- Disclosure of photographs
22 11B. Terms used
23 In this Division --
24 ASIO Act means the Australian Security Intelligence
25 Organisation Act 1979 (Commonwealth);
26 ASIO official means --
27 (a) the Director-General of Security; or
28 (b) an officer or employee of the Australian
29 Security Intelligence Organisation (continued
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Road Traffic Legislation Amendment (Information) Bill 2010
Road Traffic (Authorisation to Drive) Act 2008 amended Part 4
s. 26
1 under the ASIO Act) who is authorised by the
2 Director-General of Security for the purposes
3 of this Division;
4 Director-General of Security means the
5 Director-General of Security holding office under the
6 ASIO Act;
7 law enforcement official means a person prescribed, or
8 a person of a class prescribed, by the regulations for the
9 purposes of this Division;
10 photograph means a photograph provided to the CEO
11 under this Part;
12 police official means --
13 (a) the Commissioner of Police; or
14 (b) a member of the Police Force who is authorised
15 by the Commissioner of Police for the purposes
16 of this Division; or
17 (c) a person employed or engaged in the
18 department of the Public Service principally
19 assisting in the administration of the Police
20 Act 1892 who is authorised by the
21 Commissioner of Police for the purposes of this
22 Division.
23 11C. Disclosure to police, ASIO and law enforcement
24 officials
25 (1) The CEO must disclose photographs to a police official
26 for the purposes of the performance of the police
27 official's functions under a road law or another written
28 law.
29 (2) The CEO must disclose photographs to an ASIO
30 official for the purposes of the performance of the
31 ASIO official's functions under the ASIO Act or
32 another law of the Commonwealth.
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Road Traffic Legislation Amendment (Information) Bill 2010
Part 4 Road Traffic (Authorisation to Drive) Act 2008 amended
s. 27
1 (3) The CEO may, with the prior approval of the
2 Commissioner of Police, disclose photographs to a law
3 enforcement official if the CEO considers that the
4 photographs are required for the purposes of the
5 performance of the law enforcement official's
6 functions under a written law or a law of another
7 jurisdiction.
8 11D. Disclosure to executor or administrator
9 If the person shown in a photograph has died, the CEO
10 may disclose the photograph to an executor or
11 administrator of the person's estate.
12 27. Section 47 amended
13 (1) In section 47(3) and (4) delete "section 14." and insert:
14
15 section 13A.
16
17 (2) In section 47(5) delete "section 14" and insert:
18
19 section 13A
20
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