Photo Card Regulation 2005 (NSW)

1Name of Regulation

This Regulation is the Photo Card Regulation 2005.

2Commencement

This Regulation commences on 14 December 2005.

3Definitions

In this Regulation:

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

proof of age card means a proof of age card issued by the Authority.

the Act means the Photo Card Act 2005.

4Fee for Photo Card

For the purposes of section 5 (3) of the Act, the fee prescribed for the issue of a Photo Card is:

• (a)

  in the case of a new Photo Card—$50, or

• (b)

  in the case of a replacement Photo Card—$24.

4AFee exemptions for certain older persons, pensioners and carers

The following persons are not required to pay a fee for a Photo Card for themselves (whether it is a new Photo Card or a replacement):

• (a)

  a person who holds a Seniors Card issued by the New South Wales government,

• (b)

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

• (c)

  a person who lives in New South Wales and who receives a carer allowance under the Social Security Act 1991 of the Commonwealth.

5Eligibility for Photo Card

For the purposes of section 6 (1) (d) of the Act, the criterion that the person is not the holder of a proof of age card is prescribed.

6Cancellation of Photo Card

For the purposes of section 11 (1) (e) of the Act, the following grounds are prescribed:

• (a)

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

• (b)

  the person has been convicted of (or found guilty of or a guilty plea has been accepted for) an offence under the Act, or has paid a penalty under section 34 of the Act for an alleged offence,

• (c)

  the Photo Card of the person has been seized under section 29 of the Act and may be retained by the Authority under section 29 (3),

• (d)

  the person has been issued with a driver licence.

7Surrender of Photo Card(1)

The holder of a Photo Card issued under this Act may surrender the Photo Card by returning the Photo Card to the Authority (including for the purpose of having a driver licence issued under the Road Transport (Driver Licensing) Regulation 1999).

(2)

A Photo Card that is surrendered in accordance with this clause ceases to have effect.

8Change of address or other particulars(1)

The holder of a Photo Card (the holder) must give notice to the Authority of any change in his or her:

• (a)

  name, or

• (b)

  residential address, or

• (c)

  address for service of notices,

no later than 14 days after the change.

Maximum penalty: 20 penalty units.

(2)

Unless required by the Authority, the notice need not be in writing.

(3)

A new residential address must be an address in this State at which the Authority may ordinarily make personal contact with the holder.

(4)

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

9Purposes for which photographs may be kept and used

Any purpose for which a photograph of a person taken for the purposes of Division 2 (Mobility parking scheme authorities) of Part 6 of the Road Transport (General) Regulation 2013 may be kept and used by the Authority under that Division is prescribed as a purpose for which a photograph to which Part 4 of the Act applies may be kept and used.

9ARelease of information of a personal nature(1)

Section 15 of the Act does not prevent the release of information contained in the Register that is of a personal nature unless the privacy legislation would also prevent the particular release.

(2)

In this clause:

privacy legislation means the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002 and any regulations or codes of practice under either of those Acts.

9BRelease of information to Austroads(1)

Information contained in the Register may be released to Austroads for the purposes of the National Exchange of Vehicle and Driver Information System.

(2)

This clause does not authorise the release of any photograph to which Part 4 of the Act applies or any photographic image or other matter contained in any database of such photographs.

(3)

In this clause:

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

10Penalty notice offences and penalties(1)

For the purposes of section 34 of the Act:

• (a)

  each offence created by a provision specified in Column 1 of Schedule 1 is an offence for which a penalty notice may be served, and

• (b)

  the penalty prescribed for each such offence is the amount specified opposite the provision in Column 2 of the Schedule.

(2)

If the reference to a provision in Column 1 of Schedule 1 is qualified by words that restrict its operation to specified kinds of offences, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or committed in the circumstances so specified.

Schedule 1Penalty notice offences

(Clause 10)

Column 1	Column 2
Provision	Penalty
Offences under the Act
Section 11 (3)	$95
Section 12	$95
Section 20 (1) (a)	$732
Section 20 (1) (b)	$732
Section 21 (a)	$732
Section 21 (b)	$732
Section 22 (1)	$732
Section 22 (2)	$732
Section 23 (a)	$732
Section 23 (b)	$732
Section 24 (1)	$732
Section 24 (2) (a)	$732
Section 24 (2) (b)	$732
Section 25 (1)	$732
Section 25 (2)	$732
Section 28 (2)	$732
Offences under this Regulation
Clause 8 (1)	$95