{"id":"nsw:sl-2024-0444","name":"Photo Card Regulation 2024","slug":"photo-card-regulation-2024","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"444 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174624,"registerId":"nsw-sl-2024-0444-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Photo Card Regulation 2024](/view/html/inforce/current/sl-2024-0444).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on 1 September 2024.\n> \n> Note—\n> \n> This regulation replaces the [Photo Card Regulation 2014](/view/html/repealed/current/sl-2014-0532), which is repealed on 1 September 2024 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this regulation—\n> \n> CEO of Service NSW means the Chief Executive Officer of Service NSW.\n> \n> driver licence has the same meaning as in the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).\n> \n> the Act means the [Photo Card Act 2005](/view/html/inforce/current/act-2005-020).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Fees for Photo Cards","content":"#### 4 Fees for Photo Cards\n\n4 Fees for Photo Cards\n\n> For the Act, section 5(3), the following fees are prescribed for the issue of a Photo Card—\n> \n> > (a) for a 10-year Photo Card—\n> > \n> > > (i) if the applicant applies for the Photo Card at the same time as applying for the issue of a driver licence or the variation, renewal or replacement of the applicant’s existing driver licence—$6, or\n> > \n> > > (ii) if the applicant holds a driver licence but applies for the Photo Card other than at the time referred to in subparagraph (i)—$17, or\n> > \n> > > (iii) if the applicant does not hold a driver licence—$119,\n> \n> > (b) for a 5-year Photo Card—\n> > \n> > > (i) if the applicant applies for the Photo Card at the same time as applying for the issue of a driver licence or the variation, renewal or replacement of the applicant’s existing driver licence—$6, or\n> > \n> > > (ii) if the applicant holds a driver licence, but applies for the Photo Card other than at the time referred to in subparagraph (i)—$17, or\n> > \n> > > (iii) if the applicant does not holder a driver licence—$67,\n> \n> > (c) for a replacement Photo Card—$17.\n> \n> **s 4:** Am 2025 (308), Sch 3\\[1\\]–\\[3\\].","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Persons exempt from requirement to pay fees","content":"#### 5 Persons exempt from requirement to pay fees\n\n5 Persons exempt from requirement to pay fees\n\n> For the Act, section 5(6)(b), the following persons are exempt from the requirement to pay a fee for the issue of a Photo Card—\n> \n> > (a) a person who holds a Seniors Card issued by the NSW Government,\n> \n> > (b) a person who is an eligible pensioner within the meaning of the [Motor Vehicles Taxation Act 1988](/view/html/inforce/current/act-1988-111),\n> \n> > (c) a person who—\n> > \n> > > (i) lives in New South Wales, and\n> > \n> > > (ii) receives a carer allowance under the [Social Security Act 1991](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> **s 5:** Am 2025 (91), Sch 1\\[1\\] \\[2\\].","sortOrder":4},{"sectionNumber":"5A","sectionType":"section","heading":"Waiver or refund of fees","content":"#### 5A Waiver or refund of fees\n\n5A Waiver or refund of fees\n\n> For the Act, section 5(6)(a), Transport for NSW may waive or refund all or part of the fee payable for the issue of a Photo Card if Transport for NSW considers it appropriate to do so in the circumstances.\n> \n> **s 5A:** Ins 2025 (91), Sch 1\\[3\\].","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Grounds for cancellation of Photo Cards","content":"#### 6 Grounds for cancellation of Photo Cards\n\n6 Grounds for cancellation of Photo Cards\n\n> For the Act, section 11(1), the following are prescribed as grounds on which a Photo Card may be cancelled by Transport for NSW—\n> \n> > (a) the person has failed without reasonable excuse to comply with a requirement under the Act, section 16(1) or (2),\n> \n> > (b) the person—\n> > \n> > > (i) has been convicted or found guilty of, or a guilty plea has been accepted for, an offence under the Act, or\n> > \n> > > (ii) has paid a penalty under the Act, section 34 for an alleged offence,\n> \n> > (c) the person’s Photo Card has been seized and retained under the Act, section 29.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Surrender of Photo Cards","content":"#### 7 Surrender of Photo Cards\n\n7 Surrender of Photo Cards\n\n> > (1) For the Act, section 36, the holder of a Photo Card may surrender the Photo Card by returning it to Transport for NSW.\n> \n> > (2) A Photo Card that is surrendered no longer has effect.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Change of address or other particulars","content":"#### 8 Change of address or other particulars\n\n8 Change of address or other particulars\n\n> > (1) For the Act, section 14(6), the holder of a Photo Card must notify Transport for NSW of a change to the following no later than 14 days after the change—\n> > \n> > > (a) the holder’s name,\n> > \n> > > (b) the holder’s residential address,\n> > \n> > > (c) the holder’s address for service of notices.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) The notice does not have to be in writing unless required by Transport for NSW.\n> \n> > (3) A new residential address must be an address in New South Wales at which Transport for NSW may ordinarily contact the holder.\n> \n> > (4) If there is no postal service to the holder’s residential address, the holder must provide an address for the service of notices.\n> \n> > (5) The holder is not required to give notice of a change under this section if the Photo Card—\n> > \n> > > (a) is no longer valid, or\n> > \n> > > (b) has been cancelled, or\n> > \n> > > (c) no longer has effect.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Use of digital Photo Cards","content":"#### 9 Use of digital Photo Cards\n\n9 Use of digital Photo Cards\n\n> For the Act, section 13A, definition of relevant purpose, paragraph (c), a purpose under an Act or law for which a Photo Card may be used is prescribed.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Release of information from Photo Card Register","content":"#### 10 Release of information from Photo Card Register\n\n10 Release of information from Photo Card Register\n\n> > (1) For the Act, section 15, information may be released from the Photo Card Register for the following purposes—\n> > \n> > > (a) using a digital Photo Card,\n> > \n> > > (b) verifying the authenticity of a digital Photo Card.\n> \n> > (2) For the Act, section 15, information about a person may, with the consent of the person, be released to Service NSW to enable the CEO of Service NSW to exercise a function under the [Service NSW (One-stop Access to Government Services) Act 2013](/view/html/inforce/current/act-2013-039), section 4.\n> \n> > (3) For the Act, section 15, information other than a photograph may be released to Austroads for the purposes of the National Exchange of Vehicle and Driver Information System.\n> \n> > (4) Information of a personal nature must not be released if privacy legislation prevents the release.\n> \n> > (5) In this section—\n> > \n> > Austroads means Austroads Limited (ACN 136 812 390) and includes a successor to or continuation of that company.\n> > \n> > privacy legislation means the following—\n> > \n> > > (a) the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133),\n> > \n> > > (b) the [Health Records and Information Privacy Act 2002](/view/html/inforce/current/act-2002-071),\n> > \n> > > (c) the regulations and codes of practice under the Acts referred to in paragraphs (a) and (b).","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Purposes for which photographs may be kept and used","content":"#### 11 Purposes for which photographs may be kept and used\n\n11 Purposes for which photographs may be kept and used\n\n> For the Act, section 18(1)(g), a photograph may be kept and used by Transport for NSW for a purpose for which a photograph of a person may be kept and used under the [Road Transport (General) Regulation 2021](/view/html/inforce/current/sl-2021-0487), section 111.","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Release of photographs","content":"#### 12 Release of photographs\n\n12 Release of photographs\n\n> For the Act, section 19(1)(i), a photograph of a person may be released—\n> \n> > (a) for the use of a digital Photo Card, or\n> \n> > (b) to verify the authenticity of a digital Photo Card, or\n> \n> > (c) with the consent of the person, to Service NSW to enable the CEO of Service NSW to exercise a function under the [Service NSW (One-stop Access to Government Services) Act 2013](/view/html/inforce/current/act-2013-039), section 4.","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Penalty notices","content":"#### 13 Penalty notices\n\n13 Penalty notices\n\n> > (1) For the Act, section 34—\n> > \n> > > (a) each offence created by a provision specified in Schedule 1 is an offence for which a penalty notice may be issued, and\n> > \n> > > (b) the amount payable for the penalty notice is the amount specified opposite the provision.\n> \n> > (2) If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—\n> > \n> > > (a) that limited kind of offence, or\n> > \n> > > (b) an offence committed in those limited circumstances.","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Savings","content":"#### 14 Savings\n\n14 Savings\n\n> An act, matter or thing that, immediately before the repeal of the [Photo Card Regulation 2014](/view/html/repealed/current/sl-2014-0532), had effect under that regulation continues to have effect under this regulation.","sortOrder":14},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 1 Penalty notice offences\n\nSchedule 1 Penalty notice offences\n\nsection 13\n\n| Provision | Penalty |\n| Offences under the Act |\n| Section 11(3) | $129 |\n| Section 12 | $129 |\n| Section 28(2) | $993 |\n| Offences under this regulation |\n| Section 8(1) | $129 |\n\n**sch 1:** Am 2025 (308), Sch 3\\[4\\].","sortOrder":15}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose: operational details for the NSW Photo Card scheme. The 2025 amendments added a fee waiver power and adjusted dollar amounts, but did not expand the scheme's scope beyond administrative implementation of the parent Act."},"complexity_factors":["Short regulation: 14 sections plus a short schedule","Minimal defined terms: only 4 explicit definitions in section 3, plus 2 in section 10","Simple conditional structure: fee section uses basic tiered logic (if/with licence/without licence)","Straightforward cross-references: references parent Act (Photo Card Act 2005) and a handful of other statutes, but doesn't create complex interdependencies","No nested exceptions: exemptions in section 5 are clearly listed without sub-exceptions","2025 amendments added minor provisions (waiver power, fee adjustments) without structural complexity"],"plain_english_summary":"**What this does:**\nThis regulation sets the rules for NSW Photo Cards — the official ID cards for people who don't have (or don't want to use) a driver licence. It covers how much they cost, who gets them for free, when they can be cancelled, and how your personal information is handled.\n\n**Who it affects:**\n- **NSW residents** who need photo ID but don't drive (or want separate ID)\n- **Seniors, pensioners and carers** — they get fee exemptions\n- **Anyone with a driver licence** who wants a Photo Card as backup ID (much cheaper if you apply at the same time as licence stuff)\n- **Transport for NSW** — they run the system\n- **Service NSW** — they can access your info (with consent) to provide government services\n\n**Key things to know:**\n\n**Fees (as of 2025 amendments):**\n- **10-year card:** $6 if you apply with driver licence business; $17 if you already have a licence but apply separately; $119 if you don't hold a licence at all\n- **5-year card:** $6 (with licence), $17 (separate, with licence), or $67 (no licence)\n- **Replacement:** $17\n\n**Free cards for:**\n- Seniors Card holders\n- Eligible pensioners\n- Carers receiving Commonwealth Carer Allowance\n\n**Rules you must follow:**\n- Tell Transport for NSW within **14 days** if you change your name or address (fine: $129 if you don't)\n- Your address must be in NSW\n- You can surrender (hand back) your card if you don't want it anymore\n\n**Privacy and data:**\n- Your photo and info can be used for digital Photo Cards\n- Info can go to Austroads (national driver database) — but not your photo\n- Service NSW can get your info if you agree\n- Privacy laws still apply\n\n**When your card can be cancelled:**\n- You break the rules (like not updating your address)\n- You're convicted of an offence related to the card\n- Your card was seized by authorities"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulation replaces the Photo Card Regulation 2014 (s2) and, relative to that prior instrument, adds or clarifies matters including the detailed fee structure (s4), specified exemptions (s5), an express waiver/refund discretion (s5A), digital Photo Card/data‑release rules (s9–12) and penalty mapping (s13, Sch 1), while preserving acts that had effect under the earlier regulation (s14)."},"complexity_factors":["Multiple fee tiers and conditions depending on card length and driver licence status, plus a replacement fee (s4).","Specified exemptions for classes of persons combined with an open discretionary waiver/refund power for Transport for NSW (s5, s5A).","Mandatory 14‑day notification obligation for changes to name/address with a monetary penalty and limited formalities (s8).","Prescribed grounds for cancellation tied to non‑compliance, offences and seizure of a Photo Card (s6).","New provisions enabling digital Photo Cards and explicit, limited pathways for releasing register data and photographs subject to privacy law constraints (s9, s10, s12).","Cross‑references to other statutes and definitions (Photo Card Act, Road Transport Act, Service NSW Act, Privacy Acts) requiring coordination across instruments (s3, s10(5), s11).","Penalty notice scheme mapping specific offences to fixed penalty amounts in Schedule 1 (s13, Sch 1).","Repeal/replacement mechanics and a savings clause preserving existing effects create transitional interpretation issues (s2, s14)."],"plain_english_summary":"This regulation sets fees, exemptions and administrative rules for NSW Photo Cards. It prescribes tiered fees for 10‑ and 5‑year cards and replacements depending on whether someone holds a driver licence (s4), exempts Seniors Card holders, certain pensioners and carers (s5), and gives Transport for NSW a discretion to waive or refund fees (s5A).\n\nIt also requires holders to notify name or address changes within 14 days (penalty — s8), lists cancellation grounds (s6), authorises digital Photo Card uses and limited data release to Service NSW and Austroads subject to privacy laws (s9–12), and replaces the 2014 regulation (s2, s14)."},"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"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the scope of this regulation has changed from its original intent. It remains focused on the Photo Card scheme. The amendments made in March 2025 and July 2025 appear to be routine updates rather than scope expansions, though the actual content of those changes is not visible in the provided text."},"complexity_factors":["Very limited substantive content is visible — only metadata and status information are provided, not the actual operative provisions of the regulation","The regulation itself (governing a simple ID card scheme) is inherently low in legal complexity","Standard staged repeal mechanism adds a minor technical layer","Multiple point-in-time versions exist, suggesting minor amendments have already been made, though their substance is unknown from this excerpt"],"plain_english_summary":"The Photo Card Regulation 2024 (NSW) is the rulebook for the voluntary government Photo Card — a photo ID for residents who don’t hold a driver’s licence. It sets how cards are issued, managed, and feeed, affecting applicants and Service NSW staff.\n\nIt’s tied to the Photo Card Act 2005 and will automatically expire on 1 September 2029 unless reviewed and remade."}},"importantCases":[],"_links":{"self":"/api/acts/photo-card-regulation-2024","history":"/api/acts/photo-card-regulation-2024/history","analysis":"/api/acts/photo-card-regulation-2024/analysis","conflicts":"/api/acts/photo-card-regulation-2024/conflicts","importantCases":"/api/acts/photo-card-regulation-2024/important-cases","documents":"/api/acts/photo-card-regulation-2024/documents"}}