Road Traffic Legislation Amendment (Information) Act 2011 (WA)

Western Australia

Road Traffic Legislation Amendment

(Information) Act 2011

Western Australia

Road Traffic Legislation Amendment

(Information) Act 2011

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

9. Exchange of information between Director

General and other authorities

10. Disclosure of information to Commissioner

of Main Roads

11.

Disclosure of information to Registrar

12. Disclosure of information to prescribed

persons

13. Disclosure of information for road safety

purposes

7.	Section 42 amended	12
8.	Section 42E amended	12
9.	Section 43A inserted	13

43A.

Matters to do with identity

10.

Part IVA Division 4A inserted

Road Traffic Legislation Amendment (Information) Act 2011

Contents

Division 4A — Disclosure of photographs

44AA.	Terms used	15
44AB.	Disclosure to police, ASIO and law
enforcement officials	16
44AC.	Disclosure to executor or administrator	16

11.	Sections 45 and 46 deleted	16
12.	Section 103 inserted	17

103.

Confidentiality of information

13.	Section 104G amended	17
14.	Section 104O amended	18
15.	Section 107 amended	18
Part 3 — Road Traffic

(Administration)

Act 2008 amended

16.	Act amended	19
17.	Section 4 amended	19
18.	Section 11 amended	20
19.	Section 12 replaced	21

12. Exchange of information between CEO

and Commissioner of Police

13A.

Exchange of information between CEO

and other authorities

13B.

Disclosure of information to Commissioner

of Main Roads

13C.

Disclosure of information to Registrar

20.	Section 13 amended	25
21.	Sections 14 and 15 replaced	26

14. Disclosure of information to prescribed

persons

15. Disclosure of information for road safety

purposes

22.

Section 143A inserted

143A.

Confidentiality of information

Part 4 — Road Traffic (Authorisation

to Drive) Act 2008 amended

23.	Act amended	29
24.	Section 9 amended	29
25.	Section 11A inserted	29

11A.

Matters to do with identity

26.

Part 2 Division 3A inserted

Road Traffic Legislation Amendment (Information) Act 2011

Contents

Division 3A — Disclosure of photographs

11B.	Terms used	31
11C.	Disclosure to police, ASIO and law
enforcement officials	32
11D.	Disclosure to executor or administrator	33

27.

Section 47 amended

Western Australia

Road Traffic Legislation Amendment

(Information) Act 2011

No. 18 of 2011

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.

[Assented to 2 June 2011]

The Parliament of Western Australia enacts as follows:

Part 1 — Preliminary

1. Short title

This is the Road Traffic Legislation Amendment (Information)

Act 2011.

2. Commencement

This Act comes into operation as follows —

(a)	Part 1 — on the day on which this Act receives the Royal Assent;
(b)	the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

Road Traffic Legislation Amendment (Information) Act 2011

Road Traffic Act 1974 amended

Part 2

s. 3

Part 2 — Road Traffic Act 1974 amended

3. Act amended

This Part amends the Road Traffic Act 1974.

4. Section 5 amended

In section 5(1) insert in alphabetical order:

demerit points information means information

contained in the demerit points register as defined in

section 104;

disclose includes to provide, to release and to give

access to;

driver’s licence information means information about

driver’s licences including —

(a)	details of the persons who have made applications for or in relation to those licences; and
(b)	details of the persons who hold or have held those licences; and
(c)	information contained in the driver’s licence register referred to in section 42(1)(a)(ii),

but not including photographs and signatures provided

to the Director General under Part IVA;

instructor information means information about

licences and permits under the Motor Vehicle Drivers

Instructors Act 1963 including —

(a)	details of the persons who have made applications for or in relation to those licences and permits; and
(b)	details of the persons who hold or have held those licences and permits;

Road Traffic Legislation Amendment (Information) Act 2011

Part 2

Road Traffic Act 1974 amended

s. 5

optional plates information means information about

optional number plates referred to in section 113

including —

(a)	details of the persons who have the right to use those number plates; and
(b)	details of the persons to whom those number plates have been supplied;

permit information means information about learner’s

permits or permits under section 26(1) including —

(a)	details of the persons who have made applications for or in relation to those permits; and
(b)	details of the persons who hold or have held those permits,

but not including photographs and signatures provided

to the Director General under Part IVA;

vehicle licence information means information about

vehicle licences under this Act including —

(a)	details of the persons who have made applications for or in relation to those licences; and
(b)	details of the persons who hold or have held those licences; and
(c)	information contained in the register of vehicle licences referred to in section 27(1);

5. Section 6B amended

After section 6B(4) insert:

(5A)	The Director General may disclose the following information to the body or person with whom the agreement is made if the Director General considers
Road Traffic Legislation Amendment (Information) Act 2011

Road Traffic Act 1974 amended

Part 2

s. 6

that the information is required for the purposes of

performing a function under the agreement —

(a) driver’s licence information; (b) permit information;

(e) demerit points information;

(f)	instructor information.

6. Section 8 replaced

Delete section 8 and insert:

8. Exchange of information between Director General and Commissioner of Police

(1)	In this section —
incident information means —

(a)	information provided in relation to an incident in a report made under section 56(1) or (4); and
(b)	details of any evidence, statement, report or other information obtained as a result of any investigation made into the incident;

offence information means details of —

(a)	any offence of which a person has been convicted whether within the State or elsewhere and whether relating to a road traffic matter or any other matter; and
(b)

any penalty, suspension, cancellation or conviction; and

Road Traffic Legislation Amendment (Information) Act 2011

Part 2

Road Traffic Act 1974 amended

s. 6

(c)	the instances in which a person has paid a penalty under a traffic infringement notice under this Act;

relevant authorisation means —

(a)	a driver’s licence; or
(b)	a vehicle licence under this Act; or
(c)	a learner’s permit; or
(d)	a permit under section 26(1); or
(e)	a licence or permit under the Motor Vehicle Drivers Instructors Act 1963.

(2)	The Director General must disclose the following information to the Commissioner of Police —

(a) driver’s licence information; (b) permit information;

(e) demerit points information;

(f)	instructor information;
(g)	information obtained from a relevant authority under section 9.

(3)	Information disclosed under subsection (2) —

(a)	may be used in the performance of the Commissioner of Police’s functions, whether under this Act or otherwise, but not for any other purpose; and
(b)	may be disclosed by the Commissioner of Police to an officer, department or instrumentality of this State, another State, a Territory, the Commonwealth or another country for use in the performance of the functions of that officer, department or instrumentality but not for any other purpose.

Road Traffic Legislation Amendment (Information) Act 2011

Road Traffic Act 1974 amended

Part 2

s. 6

(4)	The Commissioner of Police must disclose the following information to the Director General —

(a)	incident information about a person who has applied for, holds or has held a relevant authorisation;
(b)	offence information about a person who has applied for, holds or has held a relevant authorisation;
(c)	information about the impounding or confiscation of vehicles under Part V Division 4;
(d)	information of a class prescribed by the regulations for the purposes of this subsection.

(5)

Information disclosed under subsection (4) may be

used in the performance of the Director General’s

functions under this Act or the Motor Vehicle Drivers

Instructors Act 1963 but not for any other purpose.

(6)

The disclosure of information under subsection (2) or

(4) is to be free of charge.

9. Exchange of information between Director General and other authorities

(1)

In this section —

infringement notice has the meaning given in

section 104(1);

relevant authority means —

(a)	an Australian driver licensing authority; or
(b)	an external licensing authority; or
(c)	a person whose functions under the law of another jurisdiction correspond or substantially correspond to a function of the Director General under this Act; or

Road Traffic Legislation Amendment (Information) Act 2011

Part 2

Road Traffic Act 1974 amended

s. 6

(d)	a person prescribed, or of a class prescribed, by the regulations for the purposes of this definition.

(2)

The Director General may disclose the following information to a relevant authority if the Director General considers that the information is required by

the relevant authority for the purposes of performing its

functions —

(a) driver’s licence information; (b) permit information;

(e) demerit points information;

(f)	instructor information.

(3)

The disclosure of information under subsection (2) is to

be free of charge.

(4)

If information disclosed under subsection (2) includes

information about an offence of which a person has

been convicted or for which a person has been given an

infringement notice, the Director General must also

disclose to the relevant authority —

(a)	any quashing of the conviction; or
(b)	any withdrawal of the infringement notice or the matter coming before a court for determination; or
(c)	any withdrawal of proceedings under the Fines, Penalties and Infringement Notices Enforcement Act 1994 Part 3 in respect of the infringement notice; or
(d)	anything else known to the Director General concerning the offence, the disclosure of which is likely to be favourable to that person.

Road Traffic Legislation Amendment (Information) Act 2011

Road Traffic Act 1974 amended

Part 2

s. 6

(5)

The Director General may seek from a relevant

authority any information that the Director General

considers is required for the purposes of performing the

Director General’s functions under this Act.

(6)

The Director General may, for the purposes of

performing the Director General’s functions under this

Act, use information obtained from a relevant

authority.

10. Disclosure of information to Commissioner of Main Roads

(1)	The Director General must disclose the following information to the Commissioner of Main Roads —

(a) driver’s licence information; (b) permit information;

(c)	vehicle licence information;
(d)	information obtained from a relevant authority under section 9.

(2)

Information disclosed under subsection (1) may be

used in the performance of the functions of the

Commissioner of Main Roads under this Act but not

for any other purpose.

(3)

The disclosure of information under subsection (1) is to

be free of charge.

11. Disclosure of information to Registrar

(1)	The Director General must disclose the following information to the Registrar appointed under the Fines, Penalties and Infringement Notices Enforcement Act 1994 —

(a) driver’s licence information; (b) permit information;

(c)	vehicle licence information.

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Part 2	Road Traffic Act 1974 amended
s. 6

(2)

Information disclosed under subsection (1) may be

used in the performance of the Registrar’s functions

under the Fines, Penalties and Infringement Notices

Enforcement Act 1994 but not for any other purpose.

(3)

The disclosure of information under subsection (1) is to

be free of charge.

12. Disclosure of information to prescribed persons

(1)	In this section —
authorised purpose means —

(a)	the purpose of performing functions under a written law, a law of another jurisdiction or a law of the Commonwealth; or
(b)	a purpose related to the administration or enforcement of a written law, a law of another jurisdiction or a law of the Commonwealth; or
(c)	a purpose prescribed by the regulations for the purposes of this definition;

prescribed person means a person prescribed, or of a

class prescribed, by the regulations for the purposes of

this definition.

(2)	The Director General may disclose the following information to a prescribed person if the Director General considers that the information is required by
the person for an authorised purpose —

(a) driver’s licence information; (b) permit information;

(e)	instructor information.

Road Traffic Legislation Amendment (Information) Act 2011

Road Traffic Act 1974 amended

Part 2

s. 6

(3) A person —

(a)	to whom information is disclosed under subsection (2); or
(b)	who is employed or engaged by a person to whom information is disclosed under subsection (2),

must not use the information for a purpose other than

the authorised purpose for which it was disclosed.

Penalty: a fine of 100 PU or imprisonment for

12 months.

13. Disclosure of information for road safety purposes

(1)	In this section —
road safety purpose means —

(a)	the purpose of research directed to the promotion of road safety; or
(b)	the purpose of distributing information about road safety.

(2)	The Director General may disclose the following information to a person if the Director General considers that the information is required by the person for a road safety purpose —

(a) driver’s licence information; (b) permit information;

(e)	instructor information.

(3) A person —

(a)	to whom information is disclosed under subsection (2); or

Road Traffic Legislation Amendment (Information) Act 2011

Part 2

Road Traffic Act 1974 amended

s. 7

(b)	who is employed or engaged by a person to whom information is disclosed under subsection (2),

must not use the information for a purpose other than

the road safety purpose for which it was disclosed.

Penalty: a fine of 100 PU or imprisonment for

12 months.

7. Section 42 amended

Delete section 42(6)(a).

8. Section 42E amended

(1)	After section 42E(2) insert:

(3A)	Subsection (2) does not prevent the grant or renewal of a driver’s licence if the applicant has provided the Director General with a photograph and signature under section 43A within 10 years of the application.

(2)	After section 42E(5) insert:

(6A)	Subsection (5) does not apply to a person who possesses a photograph provided under this section as a result of its disclosure under Division 4A.

(3)	Delete section 42E(6)(a) and insert:

(a)	reproduces, by any means, a photograph or signature provided under this section; or

Road Traffic Legislation Amendment (Information) Act 2011

Road Traffic Act 1974 amended

Part 2

s. 9

9. Section 43A inserted

At the end of Part IVA Division 3 insert:

43A.	Matters to do with identity

(1) In this section —

destroyed includes damaged so as to be unusable;

photograph includes a negative or an image stored

electronically.

(2)

The Director General cannot issue a learner’s permit

until the applicant has provided, in support of the

application, any evidence required by the regulations to

establish the applicant’s identity and residential address

in this State.

(3)

Except as prescribed in the regulations, the Director

General cannot issue a learner’s permit unless the

applicant has provided the Director General with —

(a)	a photograph taken at the time of the application; and
(b)	a signature made at the time of the application,

for use on the learner’s permit document and, in the

circumstances described in subsection (5), on a driver’s

licence document issued to the applicant.

(4)

The photograph and signature are to be provided in a manner and form approved by the Director General.

(5)

A photograph or signature provided under this section

may be used on a driver’s licence document for a

driver’s licence granted or renewed within 10 years of

the application for the learner’s permit.

Road Traffic Legislation Amendment (Information) Act 2011

Part 2	Road Traffic Act 1974 amended
s. 9

(6)	The Director General must ensure that any photograph or signature provided under this section is destroyed if it, or a copy of it, has not been used on —

(a)	a learner’s permit document for a learner’s permit issued in the preceding 10 years; or
(b)	a driver’s licence document for a driver’s licence granted or renewed in the preceding 10 years.

(7)	A person who, other than for the purposes of this Part, possesses a photograph or signature provided under this section that is not on a learner’s permit document or a driver’s licence document commits an offence.
Penalty: Imprisonment for 2 years.
(8)	Subsection (7) does not apply to a person who possesses a photograph provided under this section as a result of its disclosure under Division 4A.
(9)	A person employed or engaged in connection with any aspect of the production of learner’s permit documents or driver’s licence documents or otherwise concerned
in the administration of this Part, who, otherwise than in the administration of this Part —

(a)	reproduces, by any means, a photograph or signature provided under this section; or
(b)	causes or permits another person to do so,

commits an offence.

Penalty: Imprisonment for 2 years.

Road Traffic Legislation Amendment (Information) Act 2011

Road Traffic Act 1974 amended	Part 2
s. 10

10. Part IVA Division 4A inserted

After Part IVA Division 3 insert:

Division 4A — Disclosure of photographs

44AA.	Terms used
In this Division —
ASIO Act means the Australian Security Intelligence Organisation Act 1979 (Commonwealth);
ASIO official means —

(a)	the Director-General of Security; or
(b)	an officer or employee of the Australian Security Intelligence Organisation (continued under the ASIO Act) who is authorised by the Director-General of Security for the purposes of this Division;

Director-General of Security means the

Director-General of Security holding office under the

ASIO Act;

law enforcement official means a person prescribed, or a person of a class prescribed, by the regulations for the purposes of this Division;

photograph means a photograph provided to the

Director General under this Part;

police official means —

(a)	the Commissioner of Police; or
(b)	a member of the Police Force who is authorised by the Commissioner of Police for the purposes of this Division; or
(c)	a person employed or engaged in the department of the Public Service principally assisting in the administration of the Police

Road Traffic Legislation Amendment (Information) Act 2011

Part 2	Road Traffic Act 1974 amended
s. 11

Act 1892 who is authorised by the

Commissioner of Police for the purposes of this

Division.

44AB.

Disclosure to police, ASIO and law enforcement

officials

(1)	The Director General must disclose photographs to a police official for the purposes of the performance of the police official’s functions under this Act or another
written law.
(2)	The Director General must disclose photographs to an ASIO official for the purposes of the performance of the ASIO official’s functions under the ASIO Act or another law of the Commonwealth.
(3)	The Director General may, with the prior approval of the Commissioner of Police, disclose photographs to a law enforcement official if the Director General considers that the photographs are required for the purposes of the performance of the law enforcement official’s functions under a written law, a law of another jurisdiction or a law of the Commonwealth.

44AC.

Disclosure to executor or administrator

If the person shown in a photograph has died, the

Director General may disclose the photograph to an

executor or administrator of the person’s estate.

11. Sections 45 and 46 deleted

Delete sections 45 and 46.

Road Traffic Legislation Amendment (Information) Act 2011

Road Traffic Act 1974 amended	Part 2
s. 12

12. Section 103 inserted

At the end of Part VI insert:

103. Confidentiality of information

(1)	A person who is or has been engaged in the performance of functions under this Act must not, directly or indirectly, record, disclose or make use of information obtained under this Act except —

(a)	for a purpose related to the administration or enforcement of this Act; or
(b)	as required or authorised under this Act or another written law; or
(c)	with the consent of the person to whom the information relates; or
(d)

in circumstances prescribed by the regulations. Penalty: a fine of 100 PU or imprisonment for

12 months.

(2)	Subsection (1) does not prevent the disclosure of statistical or other information that could not reasonably be expected to lead to the identification of any person to whom it relates.

13. Section 104G amended

(1)	In section 104G(3) and (4) delete “section 45.” and insert:
section 9.
(2)	In section 104G(5) delete “section 45” and insert:
section 9

Road Traffic Legislation Amendment (Information) Act 2011

Part 2	Road Traffic Act 1974 amended
s. 14

14. Section 104O amended

Delete section 104O(9).

15. Section 107 amended

In section 107(4) delete “53 or 97” and insert:

53, 97 or 103(1)

Road Traffic Legislation Amendment (Information) Act 2011

Road Traffic (Administration) Act 2008 amended	Part 3
s. 16

Part 3 — Road Traffic (Administration)

Act 2008 amended

16. Act amended

This Part amends the Road Traffic (Administration) Act 2008.

17. Section 4 amended

In section 4 insert in alphabetical order:

demerit points information means information

contained in the demerit points register;

disclose includes to provide, to release and to give

access to;

driver’s licence information means information about

driver’s licences including —

(a)	details of the persons who have made applications for or in relation to those licences; and
(b)	details of the persons who hold or have held those licences; and
(c)	information contained in the driver’s licence register,

but not including photographs and signatures provided

to the CEO under the Road Traffic (Authorisation to

Drive) Act 2008 Part 2;

instructor information means information about

licences and permits under the Motor Vehicle Drivers

Instructors Act 1963 including —

(a)	details of the persons who have made applications for or in relation to those licences and permits; and
(b)	details of the persons who hold or have held those licences and permits;

Road Traffic Legislation Amendment (Information) Act 2011

Part 3

Road Traffic (Administration) Act 2008 amended

s. 18

permit information means information about learner’s

permits including —

(a)	details of the persons who have made applications for or in relation to those permits; and
(b)	details of the persons who hold or have held those permits,

but not including photographs and signatures provided

to the CEO under the Road Traffic (Authorisation to

Drive) Act 2008 Part 2;

vehicle licence information means information about

vehicle licences including —

(a)	details of the persons who have made applications for or in relation to those licences; and
(b)	details of the persons who hold or have held those licences;

18. Section 11 amended

After section 11(4) insert:

(5A)	The CEO may disclose the following information to the body or person with whom the agreement is made if the CEO considers that the information is required for the purposes of performing a function under the agreement —

(a) driver’s licence information; (b) permit information;

(e)	instructor information.

Road Traffic Legislation Amendment (Information) Act 2011

Road Traffic (Administration) Act 2008 amended	Part 3
s. 19

19. Section 12 replaced

Delete section 12 and insert:

12. Exchange of information between CEO and Commissioner of Police

(1)	In this section —
incident information means —

(a)

information provided in relation to an incident Act 1974 section 56(1) or (4); and

(b)	details of any evidence, statement, report or other information obtained as a result of any investigation made into the incident;

offence information means details of —

(a)	any offence of which a person has been convicted whether within the State or elsewhere and whether relating to a road traffic matter or any other matter; and
(b)

any penalty, suspension, cancellation or conviction; and

(c)	the instances in which a person has paid a penalty under an infringement notice;

relevant authorisation means —

(a) a driver’s licence; or (b) a vehicle licence; or

(d)	a licence or permit under the Motor Vehicle Drivers Instructors Act 1963.

Road Traffic Legislation Amendment (Information) Act 2011

Part 3	Road Traffic (Administration) Act 2008 amended
s. 19

(2)	The CEO must disclose the following information to the Commissioner of Police —

(a) driver’s licence information; (b) permit information;

(e)	instructor information;
(f)	information obtained from a relevant authority under section 13A.

(3)	Information disclosed under subsection (2) —

(a)	may be used in the performance of the Commissioner of Police’s functions, whether under a road law or otherwise, but not for any other purpose; and
(b)	may be disclosed by the Commissioner of Police to an officer, department or instrumentality of this State, another State, a Territory, the Commonwealth or another country for use in the performance of the functions of that officer, department or instrumentality but not for any other purpose.

(4)	The Commissioner of Police must disclose the following information to the CEO —

(a)	incident information about a person who has applied for, holds or has held a relevant authorisation;
(b)	offence information about a person who has applied for, holds or has held a relevant authorisation;
(c)	information about the impounding or confiscation of vehicles under the Road Traffic Act 1974 Part V Division 4;

Road Traffic Legislation Amendment (Information) Act 2011

Road Traffic (Administration) Act 2008 amended	Part 3
s. 19

(d)	information of a class prescribed by the regulations for the purposes of this subsection.

(5)

Information disclosed under subsection (4) may be

used in the performance of the CEO’s functions under

a road law or the Motor Vehicle Drivers Instructors

Act 1963 but not for any other purpose.

(6)

The disclosure of information under subsection (2) or

(4) is to be free of charge.

13A.	Exchange of information between CEO and other authorities

(1)	In this section —
infringement notice has the meaning given in the Road Traffic (Authorisation to Drive) Act 2008 section 40(1);
relevant authority means —

(a)	an Australian driver licensing authority; or

(b) a corresponding authority; or

(c)	an external licensing authority as defined in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1); or
(d)	a person prescribed, or of a class prescribed, by the regulations for the purposes of this definition.

(2)	The CEO may disclose the following information to a relevant authority if the CEO considers that the information is required by the relevant authority for the purposes of performing its functions —

(a) driver’s licence information; (b) permit information;

(e)	instructor information.

Road Traffic Legislation Amendment (Information) Act 2011

Part 3	Road Traffic (Administration) Act 2008 amended
s. 19

(3)

The disclosure of information under subsection (2) is to

be free of charge.

(4)

If information disclosed under subsection (2) includes

information about an offence of which a person has

been convicted or for which a person has been given an

infringement notice, the CEO must also disclose to the

relevant authority —

(a)	any quashing of the conviction; or
(b)	any withdrawal of the infringement notice or the matter coming before a court for determination; or
(c)	any withdrawal of proceedings under the Fines, Penalties and Infringement Notices Enforcement Act 1994 Part 3 in respect of the infringement notice; or
(d)	anything else known to the CEO concerning the offence, the disclosure of which is likely to be favourable to that person.

(5)

The CEO may seek from a relevant authority any

information that the CEO considers is required for the

purposes of performing the CEO’s functions under a

road law.

(6)

The CEO may, for the purposes of performing the

CEO’s functions under a road law, use information

obtained from a relevant authority.

13B.	Disclosure of information to Commissioner of Main Roads

(1)	The CEO must disclose the following information to the Commissioner of Main Roads —

(a) driver’s licence information; (b) permit information;

(c)	vehicle licence information;

Road Traffic Legislation Amendment (Information) Act 2011

Road Traffic (Administration) Act 2008 amended	Part 3
s. 20

(d)	information obtained from a relevant authority under section 13A.

(2)

Information disclosed under subsection (1) may be

used in the performance of the functions of the

Commissioner of Main Roads under a road law but not

for any other purpose.

(3)

The disclosure of information under subsection (1) is to

be free of charge.

13C.	Disclosure of information to Registrar

(1)	The CEO must disclose the following information to the Registrar appointed under the Fines, Penalties and Infringement Notices Enforcement Act 1994 —

(a) driver’s licence information; (b) permit information;

(c)	vehicle licence information.

(2)

Information disclosed under subsection (1) may be

used in the performance of the Registrar’s functions

under the Fines, Penalties and Infringement Notices

Enforcement Act 1994 but not for any other purpose.

(3)

The disclosure of information under subsection (1) is to

be free of charge.

20. Section 13 amended

(1)	In section 13(1) delete “provide” and insert:
disclose

Road Traffic Legislation Amendment (Information) Act 2011

Part 3	Road Traffic (Administration) Act 2008 amended
s. 21

(2)

In section 13(2) delete “section 78.” and insert:

section 13A or 78.

Note:

The heading to amended section 13 is to read:

Disclosure of information to corresponding authorities

21. Sections 14 and 15 replaced

Delete sections 14 and 15 and insert:

14. Disclosure of information to prescribed persons

(1)	In this section —
authorised purpose means —

(a)	the purpose of performing functions under a written law or a law of another jurisdiction; or
(b)	a purpose related to the administration or enforcement of a written law or a law of another jurisdiction; or
(c)	a purpose prescribed by the regulations for the purposes of this definition;

prescribed person means a person prescribed, or of a

class prescribed, by the regulations for the purposes of

this definition.

(2)	The CEO may disclose the following information to a prescribed person if the CEO considers that the information is required by the person for an authorised purpose —

(a) driver’s licence information; (b) permit information;

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(e)	instructor information.

(3) A person —

(a)	to whom information is disclosed under subsection (2); or
(b)	who is employed or engaged by a person to whom information is disclosed under subsection (2),

must not use the information for a purpose other than

the authorised purpose for which it was disclosed.

Penalty: a fine of 100 PU or imprisonment for

12 months.

15. Disclosure of information for road safety purposes

(1)	In this section —
road safety purpose means —

(a)	the purpose of research directed to the promotion of road safety; or
(b)	the purpose of distributing information about road safety.

(2)	The CEO may disclose the following information to a person if the CEO considers that the information is required by the person for a road safety purpose —

(a) driver’s licence information; (b) permit information;

(e)	instructor information.

(3) A person —

(a)	to whom information is disclosed under subsection (2); or

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(b)	who is employed or engaged by a person to whom information is disclosed under subsection (2),

must not use the information for a purpose other than

the road safety purpose for which it was disclosed.

Penalty: a fine of 100 PU or imprisonment for

12 months.

22. Section 143A inserted

After section 142 insert:

143A.

Confidentiality of information

(1)	A person who is or has been engaged in the performance of functions under a road law must not, directly or indirectly, record, disclose or make use of information obtained under a road law except —

(a)	for a purpose related to the administration or enforcement of a road law; or
(b)	as required or authorised under a road law or another written law; or
(c)	with the consent of the person to whom the information relates; or
(d)

in circumstances prescribed by the regulations. Penalty: a fine of 100 PU or imprisonment for

12 months.

(2)

Subsection (1) does not prevent the disclosure of

statistical or other information that could not

reasonably be expected to lead to the identification of

any person to whom it relates.

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s. 23
Part 4 — Road Traffic (Authorisation to Drive)

Act 2008 amended

23. Act amended

This Part amends the Road Traffic (Authorisation to Drive)

Act 2008.

24. Section 9 amended

(1)	After section 9(3) insert:

(4A)	Subsection (3) does not prevent the grant or renewal of a driver’s licence if the applicant has provided the CEO with a photograph and signature under section 11A
within 10 years of the application.

(2)	After section 9(6) insert:

(7A)	Subsection (6) does not apply to a person who possesses a photograph provided under this section as a result of its disclosure under Division 3A.

(3)	Delete section 9(7)(a) and insert:

(a)	reproduces, by any means, a photograph or signature provided under this section; or

25. Section 11A inserted

At the end of Part 2 Division 2 insert:

11A.	Matters to do with identity

(1) In this section —

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destroyed includes damaged so as to be unusable;
photograph includes a negative or an image stored electronically.

(2)

The CEO cannot issue a learner’s permit until the

applicant has provided, in support of the application,

any evidence required by the regulations to establish

the applicant’s identity and residential address in this

State.

(3)

Except as prescribed in the regulations, the CEO

cannot issue a learner’s permit unless the applicant has

provided the CEO with —

(a)	a photograph taken at the time of the application; and
(b)	a signature made at the time of the application,

for use on the learner’s permit document and, in the

circumstances described in subsection (5), on a driver’s

licence document issued to the applicant.

(4)

The photograph and signature are to be provided in a

manner and form approved by the CEO.

(5)

A photograph or signature provided under this section

may be used on a driver’s licence document for a

driver’s licence granted or renewed within 10 years of

the application for the learner’s permit.

(6)

The CEO must ensure that any photograph or signature provided under this section is destroyed if it, or a copy of it, has not been used on —

(a)	a learner’s permit document for a learner’s permit issued in the preceding 10 years; or
(b)	a driver’s licence document for a driver’s licence granted or renewed in the preceding 10 years.

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(7)	A person who, other than for the purposes of this Part, possesses a photograph or signature provided under this section that is not on a learner’s permit document or a driver’s licence document commits an offence.
Penalty: Imprisonment for 2 years.
(8)	Subsection (7) does not apply to a person who possesses a photograph provided under this section as a result of its disclosure under Division 3A.
(9)	A person employed or engaged in connection with any aspect of the production of learner’s permit documents or driver’s licence documents or otherwise concerned
in the administration of this Part, who, otherwise than in the administration of this Part —

(a)	reproduces, by any means, a photograph or signature provided under this section; or
(b)	causes or permits another person to do so,

commits an offence.

Penalty: Imprisonment for 2 years.

26. Part 2 Division 3A inserted

After Part 2 Division 2 insert:

Division 3A — Disclosure of photographs

11B.	Terms used
In this Division —
ASIO Act means the Australian Security Intelligence Organisation Act 1979 (Commonwealth);
ASIO official means —

(a)	the Director-General of Security; or

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(b)	an officer or employee of the Australian Security Intelligence Organisation (continued under the ASIO Act) who is authorised by the Director-General of Security for the purposes of this Division;

Director-General of Security means the

Director-General of Security holding office under the

ASIO Act;

law enforcement official means a person prescribed, or a person of a class prescribed, by the regulations for the purposes of this Division;

photograph means a photograph provided to the CEO

under this Part;

police official means —

(a)

the Commissioner of Police; or

(b)

a member of the Police Force who is authorised by the Commissioner of Police for the purposes of this Division; or

(c)

department of the Public Service principally

assisting in the administration of the Police

a person employed or engaged in the Commissioner of Police for the purposes of this Division.

11C.	Disclosure to police, ASIO and law enforcement officials

(1)

The CEO must disclose photographs to a police official

for the purposes of the performance of the police

official’s functions under a road law or another written

law.

(2)

The CEO must disclose photographs to an ASIO

official for the purposes of the performance of the

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s. 27

ASIO official’s functions under the ASIO Act or another law of the Commonwealth.

(3)

The CEO may, with the prior approval of the

Commissioner of Police, disclose photographs to a law

enforcement official if the CEO considers that the

photographs are required for the purposes of the

performance of the law enforcement official’s

functions under a written law or a law of another

jurisdiction.

11D.

Disclosure to executor or administrator

If the person shown in a photograph has died, the CEO

may disclose the photograph to an executor or

administrator of the person’s estate.

27. Section 47 amended

(1)	In section 47(3) and (4) delete “section 14.” and insert:
section 13A.
(2)	In section 47(5) delete “section 14” and insert:
section 13A

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