The central concept is the Photo Card itself, a voluntary identification document issued under the Photo Card Act 2005 for persons who may not hold a driver licence. The regulation prescribes three fee tiers for a 10-year card and a 5-year card (section 4). The fee is heavily discounted when applied for at the same time as a driver licence application (variation, renewal, or replacement): $6 for either a 5-year or 10-year card. For a current licence holder applying separately, the fee is $17. For a person who does not hold a driver licence, the fee jumps to $119 for a 10-year card or $67 for a 5-year card. This differential creates an implicit subsidy for drivers and penalises those who rely solely on a photo card for identification, effectively making the card costlier for non-drivers, including many young people, elderly people who have given up driving, and people with disabilities. The regulation also provides for exemption from fees for holders of a NSW Seniors Card, eligible pensioners under the Motor Vehicles Taxation Act 1988, and NSW residents who receive a Commonwealth carer allowance (section 5). In addition, Transport for NSW may waive or refund all or part of a fee if it considers it appropriate (section 5A), a discretionary power inserted in 2025 that injects administrative flexibility but also potential inconsistency.

Another key concept is the cancellation of a Photo Card (section 6). The regulation prescribes three grounds: failure without reasonable excuse to comply with a requirement under the Act s 16(1) or (2) (which deal with return of cancelled cards or provision of information); conviction or guilty plea for an offence under the Act or payment of a penalty notice under s 34; and seizure and retention of the card under s 29. This gives Transport for NSW broad cancellation power tied to criminal conduct or regulatory non-compliance, with no requirement that the offence relate to identity fraud.

The regulation also introduces the digital Photo Card concept (section 9), prescribing that a purpose under an Act or law for which a Photo Card may be used is a prescribed purpose for the definition of “relevant purpose” in the Act s 13A. This allows digital presentation of the card wherever a physical card is accepted, but the regulation does not specify technical standards or verification methods; those are left to administrative decision.

The Photo Card Register is governed by section 10, which authorises release of information for digital card use and verification, consent-based sharing with Service NSW, and release of non-photograph information to Austroads for the National Exchange of Vehicle and Driver Information System. This raises privacy considerations, and the regulation explicitly prohibits release of personal information if privacy legislation (Privacy and Personal Information Protection Act 1998 or Health Records and Information Privacy Act 2002) prevents it. However, the carve-out is limited: if privacy legislation does not prevent release, the information can flow. The regulation also permits release of photographs for digital card use and verification, and with consent to Service NSW (section 12). There is no independent oversight mechanism beyond the existing privacy regime.

Finally, the penalty notice regime is set out in section 13 and Schedule 1. Offences under the Act that attract a penalty notice are: s 11(3) (contravening a cancellation condition) - $129; s 12 (failure to return card after cancellation) - $129; s 28(2) (unauthorised possession or use of a photo card) - $993; and an offence under regulation s 8(1) (failure to notify change of address) - $129. The $993 penalty for s 28(2) is notably high, reflecting the seriousness of misuse of the card.

The regulation directly affects several groups. First, applicants for a Photo Card - whether they hold a driver licence or not. The fee structure creates a clear incentive for licence holders to apply for a photo card at the same time as their licence transaction to get the $6 rate. For non-licence holders, the $119 or $67 fee is considerably higher, making the card more expensive for those who need a primary identification document precisely because they do not drive. This includes young people who have not yet obtained a licence, elderly people who have voluntarily surrendered their licence, people with medical conditions that prevent driving, and low-income individuals. The exemption categories only partially offset this: Seniors Card holders, eligible pensioners, and carer allowance recipients can obtain a card for free, but many non-drivers fall outside these categories (e.g., full-time students, unemployed persons not on a pension, part-time workers earning too much for a concession but still facing a significant fee). The discretionary waiver power (s 5A) gives Transport for NSW flexibility but creates uncertainty for applicants who cannot rely on a statutory exemption.

Second, existing Photo Card holders are affected by the duty to notify changes of name, residential address, or service address within 14 days (s 8). Failure to comply carries a maximum penalty of 20 penalty units (currently $2,200 as at 2024-25, though penalty notice is $129). This is a strict obligation with no carve-out for temporary absence or mental incapacity; the only exceptions are if the card is no longer valid, cancelled, or has ceased to have effect. Holders must also ensure their residential address is in NSW and that they provide a service address if no postal service reaches their home. This imposes a compliance burden on those who move frequently, are homeless, or live in remote areas without postal services.

Third, Transport for NSW is the key administering body. It must set up arrangements for fee collection, exemption verification, waiver assessment, card cancellation, surrender processing, register maintenance, information release, and digital card authentication. The regulation gives Transport for NSW considerable discretion, particularly in the waiver/refund power (s 5A) and cancellation decisions (s 6). It also must ensure compliance with privacy legislation when releasing information.

Fourth, Service NSW is affected via the release of information with consent (s 10(2)) and photographs (s 12(c)) to enable the CEO of Service NSW to exercise functions under the Service NSW (One-stop Access to Government Services) Act 2013 s 4 (which deals with providing access to government services). This effectively allows Service NSW to use photo card data for its service delivery role, such as identity verification for accessing other agency services.

Fifth, Austroads (Austroads Limited) receives non-photograph information for the National Exchange of Vehicle and Driver Information System. This means that a person’s photo card data (excluding their photo) may be shared across state borders for driver and vehicle information exchange, even though the card is an identity document not related to driving. The practical effect is that the photo card becomes part of a national identity system by the back door, with no explicit legislative authority beyond this regulation.

Sixth, enforcement bodies and the courts are affected by the penalty notice regime. The $993 penalty for s 28(2) offences (likely involving fraudulent use or possession of a card) is high, and the regulation provides for issuing penalty notices without court proceedings for certain offences, reducing the burden on the judicial system but potentially increasing the risk of wrongful payment by individuals who contest the offence.

Seventh, privacy advocates and data subjects are affected by the broad information release provisions. The regulation permits release to Austroads without consent (for non-photograph data) and to Service NSW with consent. The term “personal nature” in s 10(4) is not defined and may be narrower than “personal information” under privacy legislation, potentially creating gaps.

Duties of Photo Card holders:

• Notification of changes (s 8): Must notify Transport for NSW of any change to name, residential address, or address for service of notices within 14 days. The notice need not be in writing unless required by Transport for NSW. The new residential address must be in NSW. If there is no postal service to the residential address, the holder must provide a service address. This duty does not apply if the card is no longer valid, has been cancelled, or has ceased to have effect. Failure carries a maximum penalty of 20 penalty units (a criminal penalty, not merely a civil fine). This is a significant compliance cost for individuals who move frequently.

• Surrender (s 7): A holder may voluntarily surrender the card by returning it to Transport for NSW. Surrender ends the card’s effect. There is no mandatory duty to surrender except perhaps under the Act s 16 (which may require return on cancellation). The regulation does not prescribe a surrender formality beyond return.

• Compliance with Act requirements (s 6(a)): The holder must comply with any requirement under the Act s 16(1) or (2) (e.g., to return the card if cancelled or to provide information). Failure without reasonable excuse is a ground for cancellation. The phrase “reasonable excuse” is not defined in the regulation, leaving it to Transport for NSW to assess on a case-by-case basis, creating uncertainty.

Rights of holders and applicants:

• Right to apply for a card at a prescribed fee: The regulation sets fixed fees, so Transport for NSW cannot charge a different amount. However, the fee varies depending on the applicant’s licence status and timing. Applicants have a right to the lowest fee ($6) if they time their application with a driver licence transaction.

• Exemption from fees (s 5): Eligible persons (Seniors Card holders, eligible pensioners, carer allowance recipients) have a statutory right to a free card. The regulation does not require an application process beyond providing evidence of eligibility; but the regulation does not specify what evidence is required, leaving that to administrative practice.

• Waiver or refund (s 5A): Transport for NSW may waive or refund fees if it considers it appropriate. This is a discretionary power, not a right. An applicant cannot demand a waiver; they can only request it. The absence of criteria for “appropriate” means the power may be exercised arbitrarily or inconsistently.

• Right to surrender (s 7): The holder can surrender the card at any time. There is no penalty for surrendering.

• Use of digital Photo Card (s 9): The regulation prescribes that a photo card may be used for any purpose under an Act or law where a photo card is accepted. This legitimises digital presentation, but the holder must rely on the issuing authority’s technical systems to produce a verifiable digital card. The regulation does not oblige any third party to accept a digital card, only that the card may be used for those purposes.

Duties of Transport for NSW:

• Issue cards in accordance with fee schedule: Must charge only the prescribed fees and must apply exemptions where the applicant falls within s 5.

• Waiver/refund consideration: If approached, Transport for NSW must decide whether a waiver or refund is appropriate. The regulation does not impose a duty to consider each case, but the power implies a duty to have regard to the application.

• Cancellation only on prescribed grounds (s 6): Cannot cancel a card arbitrarily; must rely on one of the three grounds.

• Release of information limited to prescribed purposes (s 10): Information may only be released for digital card use/verification, with consent to Service NSW, or to Austroads for the National Exchange of Vehicle and Driver Information System. Must not release information if privacy legislation prevents it.

• Release of photographs limited (s 12): Only for digital card use/verification, or with consent to Service NSW.

The regulation creates one direct offence: section 8(1) - failure to notify change of address or other particulars within 14 days carries a maximum penalty of 20 penalty units. A penalty unit is currently $110 (as at 2024-25), so the maximum court-imposed fine is $2,200. However, for this offence, the penalty notice amount is $129 (Schedule 1), offering a lower-cost alternative to court proceedings. The regulation also designates certain offences under the Act as penalty notice offences with fixed amounts: s 11(3) ($129) - contravening a condition on a cancelled card; s 12 ($129) - failing to return a cancelled card; s 28(2) ($993) - unauthorised possession or use of a photo card. The $993 penalty for s 28(2) is notably high relative to the other amounts, reflecting the seriousness of misuse (likely involving fraud or identity theft). The regulation does not create any new criminal offences beyond the s 8(1) duty.

Enforcement is primarily through the penalty notice mechanism (section 13 and Schedule 1). A person issued with a penalty notice can choose to pay the fixed amount and avoid court, or elect to have the matter heard in court, where the maximum penalty under the Act may be higher (the Act prescribes maximum penalties for those offences, which the regulation does not repeat). The regulation does not specify who can issue penalty notices; that would be covered by the Act s 34 (which allows authorised officers to issue penalty notices). The regulation also provides that if the provision is qualified (e.g., applies only to certain kinds of offences or circumstances), the penalty notice may only be issued for those limited cases (s 13(2)). This prevents misuse of penalty notices for conduct not falling within the intended scope.

Cancellation under section 6 is another enforcement tool. A card can be cancelled if the holder fails to comply with a requirement under s 16(1) or (2) without reasonable excuse (e.g., failing to return a cancelled card on request), or if the holder has been convicted or paid a penalty for an offence under the Act, or if the card has been seized under s 29 (which relates to suspected offences). Cancellation is not a penalty per se but has practical consequences: the holder loses their identification document and may need to pay for a new card (unless exempt or waived). The ground for cancellation based on a mere penalty notice payment (s 6(b)(ii)) is broad: even if the person paid a penalty notice without admitting guilt, Transport for NSW may cancel the card. This could incentivise contesting penalty notices in court to avoid potential cancellation, increasing the burden on the court system.

The surrender provision (s 7) is not penal; it simply allows a holder to voluntarily relinquish the card. However, a surrender may be used to avoid cancellation proceedings if the holder knows a cancellation ground applies.

The regulation does not specify any enforcement mechanisms for unauthorised release of information or photographs by Transport for NSW employees; that would be governed by the Act and privacy legislation separately.

The regulation is explicitly tied to the Photo Card Act 2005 (the Act). Every key provision is made “for the Act” or under a specific section of the Act. For example, fees are prescribed for s 5(3), exemptions for s 5(6)(b), waiver/refund for s 5(6)(a), cancellation grounds for s 11(1), surrender for s 36, change of address duty for s 14(6), digital card use for s 13A, release of information for s 15, keeping/use of photographs for s 18(1)(g), release of photographs for s 19(1)(i), and penalty notices for s 34. Thus the regulation cannot be read in isolation; it is wholly dependent on the Act for its legal force.

Several other NSW statutes are referenced. The Road Transport Act 2013 provides the definition of “driver licence” used in the regulation. The Interpretation Act 1987 applies to the interpretation of terms and provisions. The Motor Vehicles Taxation Act 1988 defines “eligible pensioner” for the fee exemption. The Service NSW (One-stop Access to Government Services) Act 2013 s 4 is the basis for releasing photo card information and photographs to Service NSW with the holder’s consent. The Privacy and Personal Information Protection Act 1998 and Health Records and Information Privacy Act 2002 are incorporated by reference in section 10(4) as “privacy legislation” that prevents release of information of a personal nature. This creates a hierarchy: the regulation authorises release only to the extent privacy legislation does not prevent it. However, privacy legislation may have its own exemptions (e.g., for law enforcement or public interest), so the interaction is complex.

The regulation also references Commonwealth legislation: the Social Security Act 1991 (Cth) defines the carer allowance that qualifies a person for fee exemption. This means eligibility depends on Commonwealth law, which may change independently, altering the scope of the exemption without any amendment to the NSW regulation.

The Road Transport (General) Regulation 2021 s 111 is incorporated by reference for the keeping and use of photographs (s 11 of this regulation). This means photo card photographs can be used for any purpose for which driver licence photographs can be used under that regulation, effectively aligning the two regimes. The National Exchange of Vehicle and Driver Information System is a system administered by Austroads; release of non-photograph data to Austroads (s 10(3)) integrates the photo card register into a national database, raising federation and privacy implications. The regulation does not specify whether the recipient can further disclose the data; presumably that would be governed by Austroads’ own rules and any applicable privacy law.

The Subordinate Legislation Act 1989 s 10(2) provides for the automatic repeal of the Photo Card Regulation 2014 on the commencement of this regulation. The savings provision (s 14) ensures that acts, matters, or things done under the old regulation continue to have effect under the new one, providing continuity.

Finally, the penalty units are set by the Crimes (Sentencing Procedure) Act 1999 s 17 (and associated regulations), so the dollar amount of 20 penalty units is not fixed in this regulation but changes if the penalty unit value is amended.

The Photo Card Regulation 2024 commenced on 1 September 2024, replacing the Photo Card Regulation 2014. Since then, it has been amended by two instruments in 2025.

SL 2025 No 91 (assented/applied 2025) amended sections 5 and inserted new section 5A. The amendments to s 5 adjusted the list of persons exempt from fees: the original s 5 included Seniors Card holders, eligible pensioners, and carer allowance recipients. The amendment (Sch 1[1][2]) restructured the list but kept the same categories. More importantly, it inserted s 5A, which gave Transport for NSW the power to waive or refund all or part of a fee if considered appropriate. This added a discretionary safety valve for cases where the statutory exemption does not apply but the fee is unjust or a barrier. The note in the regulation text shows the amendments.

SL 2025 No 308 (assented/applied later in 2025) amended s 4 (fees) and Schedule 1 (penalty notice offences). The amendment to s 4 (Sch 3[1]-[3]) adjusted the fee amounts? The original regulation had higher fees? The source shows the amendment but the text of s 4 as displayed may already reflect the amended amounts. We can note that the amendment changed the fee schedule, though the precise before-and-after is not provided. The amendment to Schedule 1 (Sch 3[4]) modified the penalty amounts - again, the current Schedule shows $129, $129, $993, $129; the amendment may have increased or decreased those amounts. Without the prior version, we cannot state the direction, but we can note that the fee and penalty provisions have been amended in 2025, indicating the Government’s willingness to adjust these economic settings.

These amendments were made after the regulation’s initial commencement, which means the regulation as initially gazetted differed from the current version. Any practitioner should check the consolidated version for the latest fee amounts and penalty amounts. The amendment history is recorded in the regulation text (s 4: “Am 2025 (308), Sch 3[1]-[3]”; s 5: “Am 2025 (91), Sch 1[1][2]”; s 5A: “Ins 2025 (91), Sch 1[3]”; sch 1: “Am 2025 (308), Sch 3[4]”). This is a short history, indicating the regulation is still relatively new and subject to fine-tuning. There is no evidence of major structural changes.

The regulation is recent (commenced September 2024) and has been amended only in 2025. There is no publicly recorded litigation challenging its validity, interpretation, or application at the time of writing. It is a subordinate instrument and would typically be challenged only as part of a broader challenge to an administrative decision (e.g., cancellation, refusal of waiver, or penalty notice enforcement). The grounds for challenge could include: whether Transport for NSW properly considered “reasonable excuse” for cancellation (s 6(a)), whether the fee discrimination between licence holders and non-holders is ultra vires the Act (the Act s 5(3) allows fees to be prescribed, but does not limit them to cost-recovery; a challenge on constitutional grounds (e.g., implied freedom of political communication or acquisition of property on unjust terms) would be unlikely given the fee is voluntary for an optional ID card). The waiver/refund discretion (s 5A) could be challenged for unreasonableness if applied inconsistently or on irrelevant grounds.

Given the low profile of photo card regulations, litigation is expected to be rare. The predecessor regulation (2014) likely saw minimal litigation. The most probable litigation would involve penalty notice disputes for s 28(2) (the $993 offence) where the defendant argues they were not using the card fraudulently. However, that would be under the Act, not the regulation itself. The regulation’s s 8(1) (failure to notify change) is straightforward and unlikely to be litigated except where the holder claims a reasonable excuse (not a defence to the offence but a factor in cancellation). The regulation itself does not create a defence of reasonable excuse for the s 8(1) offence; the maximum penalty is 20 units, but the penalty notice is only $129, making it more efficient to pay than to fight in court.

Thus, the litigation history is effectively nil. This section can note that no significant cases have been reported that interpret this regulation, and potential areas of future challenge include the scope of “reasonable excuse” and the breadth of the waiver discretion.

1. The fee trap for non-drivers. The fee for a 10-year photo card is $119 for someone who does not hold a driver licence, but only $6 if they apply at the same time as a driver licence transaction. This creates a perverse incentive: a non-driver who never intends to drive will pay 20 times more than a person who holds a licence. The regulation does not explain the cost basis. If a non-driver obtains a learner licence solely to get the $6 rate (by applying for both at once), the costs to the system (licence processing, testing) may outweigh the photo card saving. There is no provision for a reduced fee for low-income non-drivers who are not eligible pensioners or carer allowance recipients.

2. The 14-day notification duty is strict. Section 8(1) imposes a maximum penalty of 20 penalty units ($2,200) for failing to notify a change within 14 days. The penalty notice amount is $129, but the possibility of court prosecution remains. The duty applies to name, residential address, and service address. If a person moves temporarily (e.g., for work or study) but retains a permanent address, they may not know which address is considered “residential”. The requirement that the new address be “in New South Wales” forces holders who move interstate to either maintain a NSW address (potentially unlawfully if it is not truly residential) or cancel the card. This could affect people who frequently cross the border (e.g., Tweed Heads/Coolangatta).

3. Cancellation ground for penalty notice payment. Section 6(b)(ii) allows Transport for NSW to cancel a card if the person has “paid a penalty under the Act, section 34 for an alleged offence”. This means even if the person paid the penalty notice without admitting guilt (and without a court finding), Transport for NSW can still cancel the card. This effectively treats the payment as an admission for cancellation purposes. It encourages holders to contest penalty notices in court to avoid cancellation, even for minor offences, increasing litigation costs.

4. Discretionary waiver without criteria. Section 5A gives Transport for NSW an unfettered power to waive or refund fees if “considered appropriate”. No criteria are specified. This creates a risk of arbitrary or inconsistent decisions. An applicant who is not in a statutory exemption class but facing financial hardship has no right to a waiver, only a hope. The lack of published policy or guidelines means the decision is unreviewable in practice unless it is manifestly unreasonable.

5. Information release to Austroads without consent. Section 10(3) allows Transport for NSW to release “information other than a photograph” to Austroads for the National Exchange of Vehicle and Driver Information System. This is a broad category - it could include name, address, date of birth, card number, expiry date, and possibly biometric data beyond photographs. The regulation does not require the holder’s consent, nor does it limit the purposes to which Austroads may put the data. The only protection is s 10(4) preventing release if privacy legislation prevents it, but many privacy laws have exemptions for law enforcement and road safety. This effectively turns the photo card into a national identity document for vehicle and driver data exchange, even though the holder may not drive.

6. Photographs used for road transport purposes. Section 11 incorporates the Road Transport (General) Regulation 2021 s 111, which governs the keeping and use of driver licence photographs. That provision may allow use for law enforcement, security, or other purposes not directly related to the photo card scheme. A person obtaining a photo card for simple age verification may not expect their photograph to be used in the same manner as a driver licence photograph.

7. Penalty notice amounts may be out of date. The amounts in Schedule 1 ($129, $129, $993, $129) are fixed in the regulation and do not automatically index to inflation or changes in the penalty unit value. Although the maximum court penalty for s 8(1) is 20 penalty units (which does change with the penalty unit), the penalty notice amount is fixed. If the penalty unit increases significantly, the incentive to pay the fixed notice rather than go to court increases, but the regulation would need amendment to adjust the notice amounts.

8. Savings provision may preserve old practices. Section 14 states that an act, matter, or thing that had effect under the repealed regulation continues under the new regulation. This could entrench administrative practices or approvals that may be inconsistent with the new regulation’s intent, particularly around fee exemptions or information release.

9. No express duty on Transport for NSW to ensure accuracy of register. The regulation sets out purposes for which information may be released, but does not require Transport for NSW to verify the accuracy of register data before releasing it. A holder’s incorrect address or name could be released to Austroads or Service NSW, leading to downstream errors in identity verification.

10. Digital photo card implementation details absent. Section 9 merely prescribes that a purpose under an Act or law for which a photo card may be used is a “relevant purpose” for digital cards. The regulation does not specify technical standards, verification methods, liability for fraudulent digital copies, or whether a digital card must be accepted by all parties. This leaves significant uncertainty for both holders and third-party verifiers.

For applicants:

• If you hold a driver licence, apply for the photo card at the same time as your licence application, renewal, variation, or replacement to get the $6 fee (5-year or 10-year). If you apply separately, the fee is $17. Check whether you qualify for an exemption under s 5: hold a Seniors Card, are an eligible pensioner under the Motor Vehicles Taxation Act 1988, or live in NSW and receive a Commonwealth carer allowance. If exempt, provide evidence to Transport for NSW at the time of application. Do not pay a fee if you believe you are exempt; request a fee-free application.

• If you do not hold a driver licence and do not qualify for an exemption, budget for the $119 (10-year) or $67 (5-year) fee. Consider whether a proof-of-age card from another source (e.g., Keypass, Australia Post) might be cheaper. If you face hardship, apply for a fee waiver under s 5A: submit a written request to Transport for NSW explaining why a waiver is appropriate. There is no guarantee, but it may succeed.

• When you receive the card, note the expiry date. For a 10-year card, you will not need to renew often, but ensure your details remain current.

For existing holders:

• Monitor your name, residential address, and service address. If any changes, you must notify Transport for NSW within 14 days. The easiest method is online via Service NSW or in person at a service centre. Keep a record of the notification date. If you are unsure whether an address change has occurred (e.g., a new property is a temporary rental), err on the side of notifying. Failure can lead to a $129 penalty notice or court fine up to $2,200.

• If you move interstate, you cannot maintain a NSW address unless you genuinely reside there. You may need to surrender the photo card and obtain ID from your new state. If you keep the card and use a NSW address you no longer occupy, you risk the notification offence and cancellation.

• If your card is lost or stolen, apply for a replacement. The fee is $17 (s 4(c)). Report the loss to police if you suspect fraudulent use.

• If you are charged with an offence under the Act and given a penalty notice, note that paying it may give Transport for NSW grounds to cancel your card (s 6(b)(ii)). Consider whether it is worth contesting the notice in court to avoid cancellation. Seek legal advice if the amount is significant ($993 for s 28(2) offences).

• If you receive a notice from Transport for NSW requiring you to return the card or provide information under s 16(1) or (2), comply promptly. Failure without reasonable excuse is a cancellation ground.

For Transport for NSW:

• When assessing fee waivers, develop published criteria to ensure consistency and reduce legal challenge risk. Consider financial hardship, administrative error, or apparent injustice. Document each decision.

• When cancelling a card under s 6(a) for failure to comply without reasonable excuse, consider what constitutes “reasonable excuse” (e.g., illness, absence, postal delay). Give the holder an opportunity to explain before cancelling.

• Ensure any release of information under s 10 complies with privacy legislation. For Austroads releases, limit data to non-photograph fields and confirm that Austroads has appropriate data handling safeguards. For releases to Service NSW with consent, obtain written consent and record the scope.

• For digital photo card purposes, establish a secure verification system. Section 9 does not mandate acceptance by third parties, but you should publish technical standards.

• Maintain the Photo Card Register accurately and ensure data used for the National Exchange of Vehicle and Driver Information System is current.

For third parties (e.g., businesses that accept photo cards for identification):

• Accept both physical and digital cards if your systems allow. Verify authenticity using the official verification methods (e.g., scanning a QR code if available). Note that the regulation does not oblige you to accept digital cards, but it does prescribe that a digital card may be used for any purpose under an Act or law - this does not create a private right to force acceptance, but if you rely on the Act for ID verification (e.g., under the Liquor Act 2007 for age check), you should accept a digital card to avoid claims of discrimination.

For privacy officers:

• Review the information flows: your organisation may receive photo card data through Service NSW or Austroads. Ensure your own handling complies with the Privacy and Personal Information Protection Act 1998 and that you only use the data for the purpose for which it was released.