19Release of photographs prohibited

19 Release of photographs prohibited

19 Release of photographs prohibited

(1) Transport for NSW must ensure that a photograph to which this Part applies is not released except—

(a) to the NSW Police Force, or

(b) to a driver licensing authority of another State or Territory, or

(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 in relation to a Photo Card, or

(d) to the Sheriff, for the purpose of any fine recovery proceedings, or

(e) as provided under any other law, or

(f) to the person whose likeness is shown in the photograph or on the database, or

(g) as authorised or required under Part 3.5 (Protection of stored photographs) of the Road Transport Act 2013 in respect of the release of photographs to which that Part applies, or

(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 in respect of the release of photographs to which that Division applies, or

(i) in accordance with the regulations.

(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.

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].