Road Transport (Driver Licensing) Amendment (Digital Driver Licences) Regulation 2019 (NSW)

New South Wales

Road Transport (Driver Licensing)

Amendment (Digital Driver Licences)

Regulation 2019

under the

Road Transport Act 2013

Her Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Road Transport Act 2013.

ANDREW CONSTANCE, MP

Minister for Transport and Roads

Explanatory note

The object of this Regulation is to amend the Road Transport (Driver Licensing) Regulation 2017 to authorise the holder of a digital driver licence to use the licence for the purpose of proving the holder’s identity or date of birth to a NSW Government agency. The amendment will allow a NSW Government agency to refuse to accept a digital driver licence in certain circumstances.

This Regulation is made under the Road Transport Act 2013, including sections 61A (definition of relevant

purpose) and 23 (the general statutory rule-making power).

Road Transport (Driver Licensing) Amendment (Digital Driver Licences) Regulation 2019 [NSW]

Road Transport (Driver Licensing) Amendment (Digital Driver

Licences) Regulation 2019

under the

Road Transport Act 2013

1      Name of Regulation

This Regulation is the Road Transport (Driver Licensing) Amendment (Digital

Driver Licences) Regulation 2019.

2      Commencement

This Regulation commences on the commencement of Schedule 1[5] to the Road

Transport and Other Legislation Amendment (Digital Driver Licences and Photo
Cards) Act 2018 and is required to be published on the NSW legislation website.

3 Amendment of Road Transport (Driver Licensing) Regulation 2017

Clause 125A

Omit the clause. Insert instead—

125A	Additional relevant purposes for use of digital driver licence
(1) For the definition of relevant purpose in section 61A(d) of the Act, the following are prescribed as purposes for which a person may use a digital driver licence by displaying the licence—

(a)	to provide proof of the person’s identity to a NSW Government agency,
(b)	to provide proof of the person’s date of birth to a NSW Government agency.

(2)

For the purposes of subclause (1), a NSW Government agency may refuse to accept a digital driver licence as proof of a persons identity or date of birth if accepting a digital driver licence—

(a)	would be incompatible with a requirement of the Act or another law, or
(b)	is impractical having regard to the purpose for which the proof of identity or date of birth is required.