{"id":"nsw:act-2005-020","name":"Photo Card Act 2005","slug":"photo-card-act-2005","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"20 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104675,"registerId":"nsw-act-2005-020-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Photo Card Act 2005](/view/html/inforce/current/act-2005-020).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > authorised officer means—\n> > \n> > > (a) a police officer, or\n> > \n> > > (b) a person who is appointed for the time being by Transport for NSW as an authorised officer for the purposes of the provision in which the expression is used, or\n> > \n> > > (c) a person (or a person belonging to a class or description of persons) prescribed by the regulations.\n> > \n> > Photo Card means a New South Wales Photo Card issued under this Act.\n> > \n> > photograph includes a digitised, electronic or computer generated image, and electronic data and other information used to create or generate a photograph.\n> > \n> > Register means the Photo Card Register maintained by Transport for NSW under this Act.\n> > \n> > Transport for NSW or TfNSW means Transport for NSW constituted under the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109).\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 2011 No 41, Sch 5.32; 2020 No 30, Sch 4.64\\[2\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Functions of TfNSW","content":"#### 4 Functions of TfNSW\n\n4 Functions of TfNSW\n\n> Transport for NSW has the function of administering the scheme established by this Act for the New South Wales Photo Card and has such other functions as are conferred or imposed by or under this Act.\n> \n> **s 4:** Am 2020 No 30, Sch 4.64\\[3\\].","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Issue of Photo Card","content":"# Part 2 Issue of Photo Card\n\nPart 2 Issue of Photo Card","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Photo Card to be issued by TfNSW","content":"#### 5 Photo Card to be issued by TfNSW\n\n5 Photo Card to be issued by TfNSW\n\n> > (1) Transport for NSW is to issue the New South Wales Photo Card as provided by this Act.\n> \n> > (2) A Photo Card is to be in such form as Transport for NSW determines.\n> \n> > (2A) Transport for NSW may issue a digital Photo Card within the meaning of Part 2A to an applicant for a Photo Card only if the applicant has elected, whether at the time of the application or subsequently, to receive a digital Photo Card.\n> \n> > (3) Transport for NSW may charge a fee prescribed by the regulations for the issue of a Photo Card.\n> \n> > (4) A Photo Card is valid for the period for which it is issued, as determined by Transport for NSW and specified on the Photo Card.\n> \n> > (5) A Photo Card is and remains the property of Transport for NSW.\n> \n> > (6) The regulations may provide for—\n> > \n> > > (a) the waiver or refund of fees payable for the issue of a Photo Card, or\n> > \n> > > (b) the exemption of persons, or classes of persons, from the requirement to pay a fee for the issue of a Photo Card.\n> \n> **s 5:** Am 2018 No 21, Sch 2\\[1\\]; 2020 No 30, Sch 4.64\\[4\\]; 2024 No 82, Sch 1.13.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Eligibility for Photo Card","content":"#### 6 Eligibility for Photo Card\n\n6 Eligibility for Photo Card\n\n> > (1) A person is eligible for the issue of a Photo Card only if Transport for NSW is satisfied that the person—\n> > \n> > > (a) is ordinarily resident in this State, and\n> > \n> > > (b) is at least 16 years of age, and\n> > \n> > > (c) (Repealed)\n> > \n> > > (d) satisfies such other eligibility criteria as may be prescribed by the regulations.\n> \n> > (2) (Repealed)\n> \n> > (3) A regulation for the purposes of subsection (1)(d) is not to be made except on the recommendation of the Minister made after consultation with the Attorney General.\n> \n> **s 6:** Am 2013 No 19, Sch 4.60 \\[1\\] \\[2\\]; 2016 No 60, Sch 3, cl 1.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Grounds for refusal to issue Photo Card","content":"#### 7 Grounds for refusal to issue Photo Card\n\n7 Grounds for refusal to issue Photo Card\n\n> > (1) Transport for NSW must refuse to issue a Photo Card to a person if the person is not eligible for the issue of a Photo Card.\n> \n> > (2) Transport for NSW may refuse to issue a Photo Card to a person if Transport for NSW is of the opinion that the person is not a fit and proper person to be in possession of a Photo Card because the person has been convicted of (or found guilty of or a guilty plea has been accepted for) any of the following offences—\n> > \n> > > (a) an offence under this Act,\n> > \n> > > (b) an offence involving fraud or dishonesty,\n> > \n> > > (c) an offence prescribed by the regulations.\n> \n> > (3) Transport for NSW may refuse to issue a Photo Card on such other grounds as may be prescribed by the regulations.\n> \n> > (4) A regulation for the purposes of subsection (2)(c) or (3) is not to be made except on the recommendation of the Minister made after consultation with the Attorney General.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Application for Photo Card","content":"#### 8 Application for Photo Card\n\n8 Application for Photo Card\n\n> An application for the issue of a Photo Card is to be made to Transport for NSW in the form and manner required by Transport for NSW and supported by such information as Transport for NSW may reasonably require to establish or verify the eligibility, identity and residential address of the applicant.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Photograph to be provided","content":"#### 9 Photograph to be provided\n\n9 Photograph to be provided\n\n> > (1) An applicant for a Photo Card must provide a photograph of the applicant that is suitable for use on the Photo Card.\n> \n> > (2) The applicant can provide the photograph only—\n> > \n> > > (a) by authorising Transport for NSW to use any existing database photograph of the applicant that Transport for NSW determines to be suitable for use on a Photo Card to be issued to the applicant, or\n> > \n> > > (b) if Transport for NSW determines that there is no existing database photograph of the applicant that is suitable, by having his or her photograph taken by Transport for NSW in accordance with arrangements made by Transport for NSW for the purpose.\n> \n> > (3) In this section—\n> > \n> > existing database photograph means a photograph of the applicant taken and kept by Transport for NSW in the exercise of any function under this Act, the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), the [Licensing and Registration (Uniform Procedures) Act 2002](/view/html/inforce/current/act-2002-028) or any other Act.\n> \n> **s 9:** Am 2013 No 19, Sch 4.60 \\[3\\].","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Inclusion of other identity verification information on Photo Card","content":"#### 10 Inclusion of other identity verification information on Photo Card\n\n10 Inclusion of other identity verification information on Photo Card\n\n> > (1) Transport for NSW may include on or otherwise as part of a Photo Card any identifying information about the person to whom the Photo Card is to be issued (in addition to a photograph of the person) that Transport for NSW considers necessary or useful for verifying the identity of the person to whom the Photo Card is issued.\n> \n> > (2) An applicant for a Photo Card must provide, in the manner determined by Transport for NSW, any information that Transport for NSW decides to include under this section.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Cancellation of Photo Card","content":"#### 11 Cancellation of Photo Card\n\n11 Cancellation of Photo Card\n\n> > (1) Transport for NSW may cancel a Photo Card issued to a person by notice in writing to the person on any of the following grounds—\n> > \n> > > (a) the person is not eligible for the issue of a Photo Card,\n> > \n> > > (b) the Photo Card was issued in error,\n> > \n> > > (c) the photograph on the Photo Card is no longer a true likeness of the person,\n> > \n> > > (d) the Photo Card is incorrect in any respect,\n> > \n> > > (e) such other grounds as may be prescribed by the regulations.\n> \n> > (2) Transport for NSW may, by the notice cancelling a Photo Card or by subsequent notice in writing to the person, direct the person to return a cancelled Photo Card to Transport for NSW.\n> \n> > (3) A person who is given a direction under this section to return a Photo Card must return the Photo Card to Transport for NSW within 14 days after the direction is given or such longer period as the direction may allow.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (4) Transport for NSW may decide to cancel a person’s Photo Card under this section without the person having been provided an opportunity to show cause why the Photo Card should not be cancelled.\n> \n> > (5) If a person’s Photo Card is cancelled under this section, Transport for NSW may refuse to issue the person with any further Photo Card for such reasonable period as Transport for NSW may determine and specify in a notice served on the person by Transport for NSW.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Damaged, lost, stolen or destroyed Photo Cards","content":"#### 12 Damaged, lost, stolen or destroyed Photo Cards\n\n12 Damaged, lost, stolen or destroyed Photo Cards\n\n> The person to whom a Photo Card has been issued must notify Transport for NSW as soon as practicable if the Photo Card is damaged, stolen, lost or destroyed during the period for which the Photo Card is valid.\n> \n> Maximum penalty—10 penalty units.","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Administrative review of decision to refuse or cancel Photo Card","content":"#### 13 Administrative review of decision to refuse or cancel Photo Card\n\n13 Administrative review of decision to refuse or cancel Photo Card\n\n> A person aggrieved by a decision of Transport for NSW to refuse to issue or to cancel a Photo Card may apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of the decision.\n> \n> **s 13:** Am 2013 No 95, Sch 2.115.","sortOrder":14},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Digital Photo Cards","content":"# Part 2A Digital Photo Cards\n\nPart 2A Digital Photo Cards\n\n**pt 2A:** Ins 2018 No 21, Sch 2\\[2\\].","sortOrder":15},{"sectionNumber":"13A","sectionType":"section","heading":"Definitions","content":"#### 13A Definitions\n\n13A Definitions\n\n> In this Part—\n> \n> digital Photo Card means a Photo Card issued electronically using information (including a photograph) from the Register that—\n> \n> > (a) is displayed on a mobile phone or other electronic device by way of software approved for that purpose by both the Secretary and Transport for NSW, and\n> \n> > (b) includes any information required under this Act or the regulations to be included in a Photo Card.\n> \n> relevant purpose, in relation to the use of a digital Photo Card, means any of the following—\n> \n> > (a) complying with a request to produce an evidence of age document within the meaning of the [Liquor Act 2007](/view/html/inforce/current/act-2007-090),\n> \n> > (b) providing evidence of a person’s name or address for any purpose under the [Registered Clubs Act 1976](/view/html/inforce/current/act-1976-031),\n> \n> > (c) any other purpose prescribed by the regulations.\n> \n> Secretary means the Secretary of the Department of Finance, Services and Innovation.\n> \n> **ss 13A–13C:** Ins 2018 No 21, Sch 2\\[2\\].","sortOrder":16},{"sectionNumber":"13B","sectionType":"section","heading":"Use of digital Photo Card","content":"#### 13B Use of digital Photo Card\n\n13B Use of digital Photo Card\n\n> > (1) The holder of a digital Photo Card may use the digital Photo Card for a relevant purpose by displaying the digital Photo Card on a mobile phone or other electronic device.\n> \n> > (2) Despite any other provision of this section, a person who displays or purports to display a digital Photo Card is not required to give or hand over, to the person who is requiring the Photo Card to be produced or handed over, the mobile phone or other electronic device on which the digital Photo Card is displayed or purported to be displayed.\n> \n> > (3) If the holder of a digital Photo Card uses the digital Photo Card for a relevant purpose, the digital Photo Card is to be treated as if it were a Photo Card for that purpose.\n> \n> > (4) A digital Photo Card is not displayed for the purposes of this section if—\n> > \n> > > (a) the screen of the mobile phone or other electronic device on which it is purportedly displayed is unable to be read by the person to whom it is displayed due to cracking, dimming, dirt or any other fault, damage or obstruction, or\n> > \n> > > (b) the holder of the digital Photo Card fails or refuses to comply with a reasonable request by the person to whom it is purported to be displayed to facilitate the reading, copying or scanning of the whole or any part of the digital Photo Card, or\n> > \n> > > (c) the holder of the digital Photo Card refuses to comply with a reasonable direction to refresh the display of the Photo Card.\n> \n> **ss 13A–13C:** Ins 2018 No 21, Sch 2\\[2\\].","sortOrder":17},{"sectionNumber":"13C","sectionType":"section","heading":"Surrender of digital Photo Card","content":"#### 13C Surrender of digital Photo Card\n\n13C Surrender of digital Photo Card\n\n> > (1) The holder of a digital Photo Card must remove the digital Photo Card from each mobile phone or other electronic device on which the digital Photo Card is capable of being displayed as soon as practicable after the holder is required to surrender or return the holder’s Photo Card.\n> \n> > (2) A person who fails or refuses to remove the digital Photo Card from each mobile phone or other electronic device on which the digital Photo Card is capable of being displayed is taken to have failed to comply with the requirement to surrender or return the holder’s Photo Card.\n> \n> > (3) A person removes a digital Photo Card from a mobile phone or other electronic device if the person updates the digital Photo Card in accordance with the directions of Transport for NSW.\n> \n> > (4) Any requirement under this or any other Act or law to surrender or return a Photo Card does not extend to any mobile phone or other electronic device on which a digital Photo Card is displayed.\n> \n> **ss 13A–13C:** Ins 2018 No 21, Sch 2\\[2\\].","sortOrder":18},{"sectionNumber":"13D","sectionType":"section","heading":"Release or use of information for digital Photo Card","content":"#### 13D Release or use of information for digital Photo Card\n\n13D Release or use of information for digital Photo Card\n\n> Despite Part 4, Transport for NSW may—\n> \n> > (a) use information, including photographs, in the Register for the purpose of exercising its functions, including delegated functions, or\n> \n> > (b) release information, including photographs, in the Register if the release of the information is for the purposes of—\n> > \n> > > (i) the issue of a digital Photo Card, or\n> > \n> > > (ii) the use of a digital Photo Card, or\n> > \n> > > (iii) verifying the authenticity of a digital Photo Card.\n> \n> **s 13D:** Ins 2018 No 21, Sch 2\\[2\\]. Am 2020 No 33, Sch 2.3\\[1\\] \\[2\\].","sortOrder":19},{"sectionNumber":"Part 3","sectionType":"part","heading":"Photo Card Register","content":"# Part 3 Photo Card Register\n\nPart 3 Photo Card Register","sortOrder":20},{"sectionNumber":"14","sectionType":"section","heading":"Keeping the Register","content":"#### 14 Keeping the Register\n\n14 Keeping the Register\n\n> > (1) Transport for NSW is to maintain a Photo Card Register in the form of, or as part of, one or more computer databases or in such other form as Transport for NSW considers appropriate.\n> \n> > (2) The following matters are to be recorded in the Register in respect of each person who holds a Photo Card—\n> > \n> > > (a) the identification number allocated to the person to whom the Photo Card was issued,\n> > \n> > > (b) the full name of the person (and any former name),\n> > \n> > > (c) the person’s gender and date of birth,\n> > \n> > > (d) the person’s residential address and address for service of notices (if any),\n> > \n> > > (e) the commencement and expiry date of the period for which the Photo Card is valid,\n> > \n> > > (f) such other information as Transport for NSW may include on or otherwise as part of a Photo Card.\n> \n> > (3) Transport for NSW may record in the Register other information for—\n> > \n> > > (a) the purposes of this Act or the regulations, or\n> > \n> > > (b) the purposes of another Act, or\n> > \n> > > (c) other purposes, as Transport for NSW considers appropriate.\n> \n> > (4) Transport for NSW may correct any mistake or error in, or omission of, matter recorded in the Register.\n> \n> > (5) The Register may be kept as part of or in conjunction with any register kept by Transport for NSW under the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).\n> \n> > (6) The regulations may make provision for or with respect to requiring notice to be given to Transport for NSW of a change of address or other particulars in respect of a person to whom a Photo Card has been issued.\n> \n> **s 14:** Am 2013 No 19, Sch 4.60 \\[4\\].","sortOrder":21},{"sectionNumber":"15","sectionType":"section","heading":"Security of information on Register","content":"#### 15 Security of information on Register\n\n15 Security of information on Register\n\n> Transport for NSW must ensure that information contained in the Register that is of a personal nature or that has commercial sensitivity for the person about whom it is kept is not released or used except as provided by the regulations or under another law.\n> \n> **s 15:** Am 2020 No 33, Sch 2.3\\[3\\].","sortOrder":22},{"sectionNumber":"16","sectionType":"section","heading":"Verification of information on Register","content":"#### 16 Verification of information on Register\n\n16 Verification of information on Register\n\n> > (1) If there are reasonable grounds for believing that information contained in the Register is inaccurate or misleading, Transport for NSW may by written notice require the holder of a Photo Card to provide evidence to Transport for NSW, in a form specified by Transport for NSW, relating to anything relevant to the issuing of the Photo Card, including—\n> > \n> > > (a) the holder’s personal details, and\n> > \n> > > (b) the holder’s residential address.\n> \n> > (2) For the purposes of this section, Transport for NSW may require the holder of a Photo Card—\n> > \n> > > (a) to provide specified documents for inspection, and\n> > \n> > > (b) to attend at a reasonable time and place specified by Transport for NSW for identification.\n> \n> > (3) If a person who is required to attend for identification requests a change to the time or place specified in the notice, Transport for NSW must give consideration to that request and may change the time or place in accordance with the request.\n> \n> > (4) A person who fails without reasonable excuse to comply with a requirement imposed under this section is guilty of an offence.\n> > \n> > Maximum penalty—20 penalty units.","sortOrder":23},{"sectionNumber":"Part 4","sectionType":"part","heading":"Security arrangements for photographs","content":"# Part 4 Security arrangements for photographs\n\nPart 4 Security arrangements for photographs","sortOrder":24},{"sectionNumber":"17","sectionType":"section","heading":"Photographs to which this Part applies","content":"#### 17 Photographs to which this Part applies\n\n17 Photographs to which this Part applies\n\n> This Part applies to photographs taken or provided in relation to applications for the issue of a Photo Card.","sortOrder":25},{"sectionNumber":"18","sectionType":"section","heading":"Purposes for which photographs may be kept and used","content":"#### 18 Purposes for which photographs may be kept and used\n\n18 Purposes for which photographs may be kept and used\n\n> > (1) A photograph to which this Part applies may be kept and used by Transport for NSW only for one or more of the following purposes—\n> > \n> > > (a) to reproduce the likeness of a person on a Photo Card,\n> > \n> > > (b) to assist in determining the identity of any person in the course of determining whether or not to issue or replace a Photo Card,\n> > \n> > > (c) in connection with an investigation relating to or leading to criminal proceedings against a person under any provision of this Act or under a provision of Part 4AA (Fraud) or 4AB (Identity offences), Division 2 or 3 of Part 5 (Forgery) or Part 5A (False and misleading information) of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) in relation to a Photo Card,\n> > \n> > > (d) for the conduct of criminal proceedings under this Act,\n> > \n> > > (e) any purpose for which a photograph to which Part 3.5 (Protection of stored photographs) of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) applies may be kept and used by Transport for NSW under that Part,\n> > \n> > > (f) any purpose for which a photograph to which Division 3 (Security and protection of photographs) of Part 4A of the [Licensing and Registration (Uniform Procedures) Act 2002](/view/html/inforce/current/act-2002-028) applies may be kept and used by Transport for NSW under that Division,\n> > \n> > > (g) for any other purpose prescribed by the regulations.\n> \n> > (2) A photograph may be used for a purpose set out in this section at the time that the photograph is provided or taken or at any later time.\n> \n> **s 18:** Am 2013 No 19, Sch 4.60 \\[5\\]; 2013 No 111, Sch 1.7 \\[1\\].","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"Release of photographs prohibited","content":"#### 19 Release of photographs prohibited\n\n19 Release of photographs prohibited\n\n> > (1) Transport for NSW must ensure that a photograph to which this Part applies is not released except—\n> > \n> > > (a) to the NSW Police Force, or\n> > \n> > > (b) to a driver licensing authority of another State or Territory, or\n> > \n> > > (c) for the purpose of the conduct of any criminal proceedings under this Act or under a provision of Part 4AA (Fraud) or 4AB (Identity offences), Division 2 or 3 of Part 5 (Forgery) or Part 5A (False and misleading information) of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) in relation to a Photo Card, or\n> > \n> > > (d) to the Sheriff, for the purpose of any fine recovery proceedings, or\n> > \n> > > (e) as provided under any other law, or\n> > \n> > > (f) to the person whose likeness is shown in the photograph or on the database, or\n> > \n> > > (g) as authorised or required under Part 3.5 (Protection of stored photographs) of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) in respect of the release of photographs to which that Part applies, or\n> > \n> > > (h) as authorised or required under Division 3 (Security and protection of photographs) of Part 4A of the [Licensing and Registration (Uniform Procedures) Act 2002](/view/html/inforce/current/act-2002-028) in respect of the release of photographs to which that Division applies, or\n> > \n> > > (i) in accordance with the regulations.\n> \n> > (2) Any release authorised by subsection (1)(a)–(d), or authorised by regulations made under subsection (1)(i), must be in accordance with any protocol approved by the Privacy Commissioner.\n> \n> **s 19:** Am 2006 No 94, Sch 3.23; 2013 No 19, Sch 4.60 \\[6\\]; 2013 No 111, Sch 1.7 \\[2\\]; 2018 No 21, Sch 2\\[3\\].","sortOrder":27},{"sectionNumber":"Part 5","sectionType":"part","heading":"Prevention of fraud","content":"# Part 5 Prevention of fraud\n\nPart 5 Prevention of fraud","sortOrder":28},{"sectionNumber":"20","sectionType":"section","heading":"Obtaining Photo Card by false statements","content":"#### 20 Obtaining Photo Card by false statements\n\n20 Obtaining Photo Card by false statements\n\n> > (1) A person must not—\n> > \n> > > (a) by a false statement or any misrepresentation or other dishonest means, obtain or attempt to obtain a Photo Card, or\n> > \n> > > (b) without lawful authority or reasonable excuse, possess a Photo Card obtained using those means.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) A Photo Card obtained in contravention of this section is void, and Transport for NSW may alter the Register accordingly.","sortOrder":29},{"sectionNumber":"21","sectionType":"section","heading":"Unlawful possession of Photo Card","content":"#### 21 Unlawful possession of Photo Card\n\n21 Unlawful possession of Photo Card\n\n> A person must not have in his or her possession without lawful authority or reasonable excuse—\n> \n> > (a) a Photo Card, or\n> \n> > (b) any article resembling a Photo Card and calculated to deceive.\n> \n> Maximum penalty—20 penalty units.","sortOrder":30},{"sectionNumber":"22","sectionType":"section","heading":"Manufacturing false Photo Cards","content":"#### 22 Manufacturing false Photo Cards\n\n22 Manufacturing false Photo Cards\n\n> > (1) A person must not make a false document that could reasonably be taken to be a Photo Card with the intent that the document be used by any person as a Photo Card.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) A person (the offender) must not give to another person a false document that could reasonably be taken to be a Photo Card with the intent that the document be used by any person as a Photo Card, if the offender knows or could reasonably be expected to know that the document is false.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (3) A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) or (2) in circumstances of aggravation.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (4) For the purposes of this section, a person commits an offence in circumstances of aggravation if—\n> > \n> > > (a) the offence involved a high degree of planning, or\n> > \n> > > (b) the offence involved the use of other people acting at the direction of the person convicted of the offence in the commission of the offence, or\n> > \n> > > (c) the person committed the offence solely or principally for financial reward, or\n> > \n> > > (d) the offender has a previous conviction for an offence under this section, under clause 18 of Schedule 1 to the [Liquor Act 2007](/view/html/inforce/current/act-2007-090) or under section 117EB (Manufacturing false proof of age cards) of the [Liquor Act 1982](/view/html/repealed/current/act-1982-147).\n> \n> **s 22:** Am 2009 No 106, Sch 5.13.","sortOrder":31},{"sectionNumber":"23","sectionType":"section","heading":"Giving or lending Photo Card","content":"#### 23 Giving or lending Photo Card\n\n23 Giving or lending Photo Card\n\n> A person must not give or lend the person’s Photo Card to another person if the person giving or lending the Photo Card knows or could reasonably be expected to know that the Photo Card may be used—\n> \n> > (a) by the person to whom the Photo Card was given or lent, or by any other person, to provide proof of his or her age or identity, or\n> \n> > (b) to obtain a Photo Card for the person to whom the Photo Card was given or lent, or any other person.\n> \n> Maximum penalty—20 penalty units.","sortOrder":32},{"sectionNumber":"24","sectionType":"section","heading":"Improper use of Photo Card","content":"#### 24 Improper use of Photo Card\n\n24 Improper use of Photo Card\n\n> > (1) A person must not fraudulently use or allow another person to use a Photo Card.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) A person must not use a Photo Card—\n> > \n> > > (a) that the person knows has been forged, fraudulently altered or altered in a manner that is calculated to deceive, or obtained by a false statement or misrepresentation or other dishonest means, or\n> > \n> > > (b) that the person knows has been cancelled.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (3) In this section, use a Photo Card means use the Photo Card as proof of age or identity.","sortOrder":33},{"sectionNumber":"25","sectionType":"section","heading":"Altering or tampering with Photo Card","content":"#### 25 Altering or tampering with Photo Card\n\n25 Altering or tampering with Photo Card\n\n> > (1) A person must not forge or fraudulently alter a Photo Card or alter a Photo Card in a way that is calculated to deceive.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) A person must not for an improper purpose wilfully or negligently alter, deface, or otherwise interfere with a Photo Card or with any of the material particulars contained on the Photo Card.\n> > \n> > Maximum penalty—20 penalty units.","sortOrder":34},{"sectionNumber":"26","sectionType":"section","heading":"Unauthorised reproduction of photographs","content":"#### 26 Unauthorised reproduction of photographs\n\n26 Unauthorised reproduction of photographs\n\n> A person employed or engaged in connection with any aspect of the production of Photo Cards, or otherwise concerned in the administration of this Act or the regulations, who, otherwise than in the administration of this Act or the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) or the statutory rules under those Acts—\n> \n> > (a) reproduces, by photographic or other means, the likeness of a person that is depicted, or is to be depicted, on a Photo Card, or\n> \n> > (b) causes or permits another person to do so,\n> \n> is guilty of an offence.\n> \n> Maximum penalty—50 penalty units.\n> \n> **s 26:** Am 2013 No 19, Sch 4.60 \\[7\\].","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Expired Photo Cards","content":"#### 27 Expired Photo Cards\n\n27 Expired Photo Cards\n\n> The regulations may make provision for or with respect to expired Photo Cards (that is, Photo Cards that are no longer valid because the period for which they were issued has expired), including provision for or with respect to any of the following—\n> \n> > (a) regulating or prohibiting the use for any or specified purposes of an expired Photo Card,\n> \n> > (b) regulating or prohibiting the possession of an expired Photo Card,\n> \n> > (c) requiring the surrender to Transport for NSW of an expired Photo Card,\n> \n> > (d) requiring notice to be given to Transport for NSW if an expired Photo Card is damaged, stolen, lost or destroyed,\n> \n> > (e) authorising the confiscation by an authorised officer of an expired Photo Card.","sortOrder":36},{"sectionNumber":"Part 6","sectionType":"part","heading":"Enforcement","content":"# Part 6 Enforcement\n\nPart 6 Enforcement","sortOrder":37},{"sectionNumber":"28","sectionType":"section","heading":"Requirement to produce Photo Card","content":"#### 28 Requirement to produce Photo Card\n\n28 Requirement to produce Photo Card\n\n> > (1) An authorised officer may direct a person who is in possession of a Photo Card, or thing resembling a Photo Card, to produce the Photo Card or thing to the officer if the officer reasonably suspects that the Photo Card or thing—\n> > \n> > > (a) is not the person’s Photo Card or contains information that is false or misleading as to that person’s age or identity, or\n> > \n> > > (b) has been forged or fraudulently altered or altered in a way that is calculated to deceive, or obtained by a false statement or misrepresentation or other dishonest means, or\n> > \n> > > (c) is being used in contravention of any provision of this or any other Act or law.\n> \n> > (2) A person must comply with a direction given to the person under this section.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (3) A person is not guilty of an offence of failing to comply with a direction under this section unless the person was warned by the authorised officer when the direction was given that a failure to comply is an offence.","sortOrder":38},{"sectionNumber":"29","sectionType":"section","heading":"Seizure of Photo Card","content":"#### 29 Seizure of Photo Card\n\n29 Seizure of Photo Card\n\n> > (1) An authorised officer to whom a Photo Card, or thing resembling a Photo Card, is produced by a person representing it to be the person’s Photo Card or in response to a direction under section 28 may, with no authority other than this section, seize the Photo Card or thing if the officer reasonably suspects that the Photo Card or thing—\n> > \n> > > (a) is not the person’s Photo Card or contains information that is false or misleading as to that person’s age or identity, or\n> > \n> > > (b) has been forged or fraudulently altered or altered in a way that is calculated to deceive, or obtained by a false statement or misrepresentation or other dishonest means, or\n> > \n> > > (c) is being used in contravention of any provision of this or any other Act or law.\n> \n> > (2) A Photo Card or thing seized under this section is to be forwarded to Transport for NSW. Transport for NSW must cause the Photo Card or thing to be returned (by delivery or by post) to the person who produced it unless subsection (3) applies.\n> \n> > (3) Transport for NSW may retain possession of and deal with a Photo Card or thing forwarded to Transport for NSW in such manner as Transport for NSW thinks fit if satisfied that the Photo Card or thing—\n> > \n> > > (a) is not the Photo Card of the person from whom it was seized or contains information that is false or misleading as to that person’s age or identity, or\n> > \n> > > (b) has been forged or fraudulently altered or altered in a way that is calculated to deceive, or obtained by a false statement or misrepresentation or other dishonest means, or\n> > \n> > > (c) is being used in contravention of any provision of this or any other Act or law.\n> \n> > (4) The authority conferred by this section to seize a Photo Card, or thing resembling a Photo Card, does not extend to a mobile phone or other electronic device on which a digital Photo Card within the meaning of Part 2A is displayed. This subsection does not limit any authority to seize a mobile phone or other electronic device conferred by any other law.\n> \n> **s 29:** Am 2018 No 21, Sch 2\\[4\\].","sortOrder":39},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"# Part 7 Miscellaneous\n\nPart 7 Miscellaneous","sortOrder":40},{"sectionNumber":"30","sectionType":"section","heading":"Unauthorised demand for production of Photo Card","content":"#### 30 Unauthorised demand for production of Photo Card\n\n30 Unauthorised demand for production of Photo Card\n\n> > (1) A person must not, in connection with the supply of goods or services by the person, demand production by another person of that other person’s Photo Card.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) This section does not prohibit a request for production of a Photo Card—\n> > \n> > > (a) as a means of evidencing the identity or age of a person where it is reasonable for the person making the request to require evidence of the other person’s identity or age, or\n> > \n> > > (b) where the person making the request is authorised by law to require its production.\n> \n> > (3) For the purposes of this section, the making of a statement that could reasonably be understood, by a person to whom the statement is made, as indicating that the person is being required to produce his or her Photo Card is taken to be a demand for its production.","sortOrder":41},{"sectionNumber":"31","sectionType":"section","heading":"Delegation by TfNSW","content":"#### 31 Delegation by TfNSW\n\n31 Delegation by TfNSW\n\n> > (1) Transport for NSW may delegate the exercise of any function of Transport for NSW under this Act (other than this power of delegation) to—\n> > \n> > > (a) any member of staff of Transport for NSW, or\n> > \n> > > (b) any person, or any class of persons, authorised for the purposes of this section by the regulations.\n> \n> > (2) Nothing in this section affects any other power of delegation that Transport for NSW has under any other Act.\n> \n> **s 31:** Am 2015 No 15, Sch 2.40; 2020 No 30, Sch 4.64\\[4\\].","sortOrder":42},{"sectionNumber":"32","sectionType":"section","heading":"Protection from liability","content":"#### 32 Protection from liability\n\n32 Protection from liability\n\n> > (1) An individual does not incur civil liability for an act or omission done honestly and in good faith in the course of his or her duties under this Act.\n> \n> > (2) A liability that would, apart from subsection (1), attach to an individual because of an act or omission done honestly and in good faith in the course of his or her duties attaches instead to Transport for NSW.\n> \n> > (3) Transport for NSW is not liable for any loss or damage resulting from the fraudulent or other improper use of a Photo Card (or thing that resembles a Photo Card) unless the liability results from the negligence of Transport for NSW or a member of staff of Transport for NSW. This subsection extends to a liability that attaches to Transport for NSW under subsection (2).","sortOrder":43},{"sectionNumber":"33","sectionType":"section","heading":"Unpaid fees and charges","content":"#### 33 Unpaid fees and charges\n\n33 Unpaid fees and charges\n\n> An amount of any unpaid fees or charges payable under this Act or the regulations is a debt due to Transport for NSW and may be recovered in a court of competent jurisdiction.","sortOrder":44},{"sectionNumber":"34","sectionType":"section","heading":"Penalty notices","content":"#### 34 Penalty notices\n\n34 Penalty notices\n\n> > (1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.\n> \n> > (2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.\n> \n> > (3) The [Fines Act 1996](/view/html/inforce/current/act-1996-099) applies to a penalty notice issued under this section.\n> > \n> > Note—\n> > \n> > The [Fines Act 1996](/view/html/inforce/current/act-1996-099) provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.\n> \n> > (4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).\n> \n> > (5) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.\n> \n> **s 34:** Subst 2017 No 22, Sch 3.53.","sortOrder":45},{"sectionNumber":"35","sectionType":"section","heading":"Nature of proceedings for offences","content":"#### 35 Nature of proceedings for offences\n\n35 Nature of proceedings for offences\n\n> Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court.\n> \n> **s 35:** Am 2007 No 94, Sch 2.","sortOrder":46},{"sectionNumber":"36","sectionType":"section","heading":"Regulations","content":"#### 36 Regulations\n\n36 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) The regulations may create offences punishable by a penalty not exceeding 20 penalty units.","sortOrder":47},{"sectionNumber":"37","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 37 Savings, transitional and other provisions\n\n37 Savings, transitional and other provisions\n\n> Schedule 1 has effect.","sortOrder":48},{"sectionNumber":"38","sectionType":"section","heading":null,"content":"#### 38\n\n38 (Repealed)","sortOrder":49},{"sectionNumber":"39","sectionType":"section","heading":"Review of Act","content":"#### 39 Review of Act\n\n39 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":51},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 1 Savings, transitional and other provisions\n\nSchedule 1 Savings, transitional and other provisions\n\n(Section 37)","sortOrder":52},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedule 2 (Repealed)\n\n**sch 2:** Am 2008 No 62, Sch 4; 2009 No 106, Sch 6. Rep 2016 No 60, Sch 3, cl 3.\n\n**whole Act:** Am 2020 No 30, Sch 4.64\\[1\\] (“the Authority” and “The Authority” omitted wherever occurring, “Transport for NSW” inserted instead).","sortOrder":55}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2005 Act created a simple physical photo ID card scheme. The scope expanded significantly in 2018 with the insertion of Part 2A (Digital Photo Cards), adding a complete parallel framework for smartphone-based digital IDs, including specific rules about device handling, screen readability, and surrender requirements. The Act has also accumulated broader photo-sharing arrangements with other agencies and cross-references to multiple other statutes over time."},"complexity_factors":["Moderate cross-referencing to other Acts (Road Transport Act 2013, Licensing and Registration Act 2002, Crimes Act 1900, Liquor Act 2007)","Nested exceptions in photo release provisions (section 19 has 9 separate grounds for release, each with potential conditions)","Dual regime for physical and digital cards requiring parallel but distinct rules (Part 2A inserted later)","Multiple amendment history requiring reconciliation (sections show amendments from 2006 through 2024)","Delegated legislative power allowing regulations to fill significant gaps (eligibility criteria, fees, offences, digital purposes)","Interaction with privacy protocols and other statutory photo protection schemes"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a government-issued photo ID card for people in New South Wales who don't have a driver's licence. Think of it as a \"proof of age\" or identity card that works like a licence card but without the driving privileges.\n\n**Who it affects:**\n\n- **Residents aged 16+** who want official photo ID but don't drive\n- **Transport for NSW** (the government agency that runs it)\n- **Police and authorised officers** who can check and seize suspicious cards\n- **Businesses** that need to verify someone's age or identity\n\n**Key things the law covers:**\n\n- **Getting a card:** You must be 16 or older, live in NSW, and meet other criteria set by regulations. Transport for NSW can refuse you if you've committed fraud or aren't a \"fit and proper person.\"\n\n- **Digital version:** Since 2018, you can choose to have a **digital Photo Card** on your phone instead of (or as well as) a physical card. Special rules apply—you don't have to hand over your phone to anyone, but the screen must be readable.\n\n- **Privacy protections:** Strict limits on who can see your photo and personal information. Photos can generally only be used for making the card, investigating fraud, or criminal proceedings.\n\n- **Fraud prevention:** Heavy penalties (up to 50 penalty units) for making fake cards, lending your card to someone else, or using a cancelled card.\n\n- **Enforcement:** Police and authorised officers can demand to see your card and seize it if they suspect it's fake, stolen, or being misused.\n\n**Why it matters:**\n\nThis gives people without driver's licences a secure, government-backed way to prove their identity and age—essential for things like opening bank accounts, entering licensed venues, or picking up parcels. The digital option added in 2018 reflects modern smartphone use while protecting people's privacy by ensuring they never have to hand their phone to a bouncer or shopkeeper."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the law appears to have remained focused on its original purpose: providing a government-issued photo identification card for NSW residents who do not hold a driver's licence. The numerous amendments since 2005 likely reflect administrative updates, privacy or data-sharing refinements, and modernisation of processes rather than a fundamental expansion or contraction of the scheme's core purpose."},"complexity_factors":["The legislation has been amended approximately 18 times since 2005, meaning the current version layers many changes on top of the original","Interaction with other NSW laws (such as transport and identity verification legislation) adds some cross-referencing complexity","Administrative and regulatory detail around eligibility, cancellation, and card management requires careful reading","The provided text is primarily metadata and status information rather than the full substantive provisions, limiting full assessment of the law's technical depth"],"plain_english_summary":"The NSW Photo Card Act 2005 creates an official government-issued photo identity card for people who don’t hold—or prefer not to use—a driver’s licence. Issued by Transport for NSW, the card serves as standard proof of identity and age but is not a licence to drive or do other regulated activities.\n\nIt affects NSW residents seeking reliable ID, the agencies that issue and manage the cards, and organisations that accept them; the scheme has been updated several times, most recently November 2024."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act’s scope has been broadened by later insertions and replacements visible in the text: a digital Photo Card regime and supporting information‑release rules were added (Part 2A, ss 13A–13D and s 13D), and the statutory issuer role is explicitly Transport for NSW throughout (amendment notes replacing earlier 'Authority'). These amendments expand methods of issuance, electronic use and data sharing while keeping core issuance, register and offence frameworks."},"complexity_factors":["Centralised discretion to Transport for NSW over design, issuance, validity period, fee waiver/exemptions and cancellation (ss 5, 4, 11)","Regulations-dependent details: eligibility criteria, additional grounds for refusal/cancellation, offences classified as penalty‑notice offences and other operational rules (ss 6(1)(d), 7(3), 34, 36)","Data and privacy regime: a maintained Register with permitted fields, powers to correct records, verification notices and penalty for non‑compliance (ss 14, 16)","Security and restricted release of photographs with specified exceptions and Privacy Commissioner‑approved protocols for some disclosures (ss 18, 19)","Digital Photo Card framework layered onto paper cards with specific display, surrender and information‑release rules (Part 2A: ss 13A–13D)","Enforcement powers allowing directions, seizure of physical cards but excluding seizure of devices displaying digital cards, and summary proceedings/penalty notices (ss 28–29, 34–35)","Administrative review channel to the Civil and Administrative Tribunal for refusal/cancellation decisions, creating overlap between administrative discretion and judicial oversight (s 13)","Protections and liability allocation for officials and Transport for NSW affecting civil claims and operational risk (s 32)"],"plain_english_summary":"This Act creates a scheme under which Transport for NSW issues and controls New South Wales Photo Cards (including an opt‑in digital Photo Card), keeps a register of holders, sets eligibility and application requirements, and establishes offences and enforcement powers to prevent misuse. It affects residents eligible for Photo Cards and any person or business that requests identity or age evidence. It matters because it sets who decides (TfNSW), who pays (applicants via fees), what information is collected and how it may be used, and the penalties and compliance duties for misuse."}},"importantCases":[],"_links":{"self":"/api/acts/photo-card-act-2005","history":"/api/acts/photo-card-act-2005/history","analysis":"/api/acts/photo-card-act-2005/analysis","conflicts":"/api/acts/photo-card-act-2005/conflicts","importantCases":"/api/acts/photo-card-act-2005/important-cases","documents":"/api/acts/photo-card-act-2005/documents"}}