Photo Card Act 2005
29Seizure of Photo Card
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29 Seizure of Photo Card
29 Seizure of Photo Card
(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—
(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
(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
(c) is being used in contravention of any provision of this or any other Act or law.
(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.
(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—
(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
(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
(c) is being used in contravention of any provision of this or any other Act or law.
(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.
s 29: Am 2018 No 21, Sch 2[4].