57Release of photographs prohibited

#### 57 Release of photographs prohibited 57 Release of photographs prohibited (cf DL Act, s 41) > > (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) in connection with the exercise of its functions under the [Passenger Transport Act 2014](/view/html/inforce/current/act-2014-046), or > > > > > (ba) to the Point to Point Transport Commissioner for the purpose of enabling the Commissioner to exercise functions under the [Point to Point Transport (Taxis and Hire Vehicles) Act 2016](/view/html/inforce/current/act-2016-034), or > > > > > (c) to a driver licensing authority of another jurisdiction, or > > > > > (d) for the purpose of the conduct of any criminal proceedings— > > > > > > > (i) under this Act or under any provision of any other road transport legislation, or > > > > > > > (ii) in relation to an operator licence under the Commercial Agents Act 2004, or > > > > > > > (iii) in relation to a licence or permit under the [Firearms Act 1996](/view/html/inforce/current/act-1996-046), a licence under the [Security Industry Act 1997](/view/html/inforce/current/act-1997-157) or a permit under the [Weapons Prohibition Act 1998](/view/html/inforce/current/act-1998-127), or > > > > > > > (iv) in relation to a licence or permit under the [Tattoo Industry Act 2012](/view/html/inforce/current/act-2012-032), or > > > > > (e) to the Sheriff, for the purpose of any fine recovery proceedings, or > > > > > (f) in the exercise of any function conferred or imposed on Transport for NSW by or under the information-access arrangements under Part 4A of the [Licensing and Registration (Uniform Procedures) Act 2002](/view/html/inforce/current/act-2002-028), or > > > > > (g) as provided under any other law, or > > > > > (h) to the person whose likeness is shown in the photograph or on the database, or > > > > > (ha) with the consent of the person whose likeness is shown in the photograph or on the database, or > > > > > (hb) to the Commissioner, within the meaning of the [Tattoo Industry Act 2012](/view/html/inforce/current/act-2012-032), for the purpose of enabling the Commissioner to exercise functions in relation to licences or permits under that Act, or > > > > > (i) as authorised or required under Part 4 (Security arrangements for photographs) of the [Photo Card Act 2005](/view/html/inforce/current/act-2005-020) in respect of the release of photographs to which that Part applies, or > > > > > (j) 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 > > > > > (ja) as provided by section 271A, or > > > > > (k) in accordance with the statutory rules. > > > (2) Any release authorised by subsection (1)(a)–(e), or authorised by statutory rules made for the purposes of subsection (1)(k), must be in accordance with any protocol approved by the Privacy Commissioner. > > > (3) Despite this section, photographs to which this Part applies must be provided to the Commissioner of Police on request if the request relates to the administration of— > > > > > (a) the [Security Industry Act 1997](/view/html/inforce/current/act-1997-157), or > > > > > (b) the [Tattoo Industry Act 2012](/view/html/inforce/current/act-2012-032). > > **s 57:** Am 2016 No 34, Sch 7.6 \[1\]; 2016 No 40, Sch 3.6; 2018 No 21, Sch 1\[4\]; 2018 No 91, Sch 1 \[2\]; 2020 No 27, Sch 1\[3\]; 2020 No 30, Sch 4.85\[6\]; 2020 No 33, Sch 1\[14\]; 2022 No 10, Sch 2.5\[1\]–\[5\].