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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Road Transport Amendment (Digital
icensing) Bill 2020
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Road Transport Act 2013 No 18 3
Schedule 2 Amendment of Licensing and Registration (Uniform Procedures)
Act 2002 No 28 5
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2020
New South Wales
Road Transport Amendment (Digital
icensing) Bill 2020
Act No , 2020
An Act to amend the Road Transport Act 2013 to provide for the further use of digital driver
licences; to amend the Licensing and Registration (Uniform Procedures) Act 2002 to provide for
the use and sharing of information by licensing authorities; and for related purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Road Transport Amendment (Digital Licensing) Bill 2020 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Road Transport Amendment (Digital Licensing) Act 2020.
2 Commencement
This Act commences on the date of assent to this Act.
Page 2
Road Transport Amendment (Digital Licensing) Bill 2020 [NSW]
Schedule 1 Amendment of Road Transport Act 2013 No 18
Schedule 1 Amendment of Road Transport Act 2013 No 18
[1] Section 4 Definitions
Omit the definition of driver licence from section 4(1). Insert in alphabetical order--
driver licence means a document, including an electronic document, issued in
accordance with this Act or the regulations, demonstrating that a person has
been authorised to drive one or more classes of motor vehicle on a road or road
related area.
use of a digital driver licence means displaying the digital driver licence, in
accordance with section 61C, to a person for a purpose, including for one of
the following purposes--
(a) demonstrating that a person is the holder of a driver licence,
(b) providing evidence or proof of the licence holder's age, address or
identity,
(c) satisfying a requirement under this Act, or another Act or law, to hold,
produce or display, however described, a driver licence.
[2] Section 56 Purposes for which photographs may be kept and used
Omit "photo-access arrangements" from section 56(1)(d).
Insert instead "information-access arrangements".
[3] Section 57 Release of photographs prohibited
Omit "photo-access arrangements" from section 57(1)(f).
Insert instead "information-access arrangements".
[4] Section 61A Definitions
Omit "evidence of the issue of a driver licence using information (including a photograph)
from the NSW driver licence register relating to the holder of a driver licence" from the
definition of digital driver licence.
Insert instead "an electronic document demonstrating that a person has been authorised to
drive one or more classes of motor vehicle on a road or road related area".
[5] Section 61A, definition of "relevant purpose"
Omit the definition.
[6] Section 61C Use of digital driver licence
Omit section 61C(1)-(3). Insert instead--
(1) The holder of a digital driver licence may use the digital driver licence by
displaying it on a mobile phone or other electronic device in accordance with
this section.
(2) For the avoidance of doubt, a person who displays a digital driver licence in
accordance with this section for the purpose of satisfying a requirement under
this Act, or another Act or law, to hold, produce or display, however described,
a driver licence to another person is taken to have satisfied that requirement.
[7] Section 61E Release of information for digital driver licences
Omit "to the Secretary or the Chief Executive Officer of Service NSW if the release of
information is for the purpose of the issue of a digital driver licence".
Page 3
Road Transport Amendment (Digital Licensing) Bill 2020 [NSW]
Schedule 1 Amendment of Road Transport Act 2013 No 18
Insert instead--
if the release of information is for the purpose of--
(a) the issue of a digital driver licence, or
(b) the use of a digital driver licence, or
(c) verifying the authenticity of a digital driver licence.
[8] Section 278A
Insert after section 278--
278A References to holder of driver licence in other Acts or laws
(1) For the avoidance of doubt, a reference in an Act or law to the holder of a
driver licence, however described, is a reference to a person who has been
issued, in accordance with this Act or the regulations, a driver licence.
(2) A person ceases to be the holder of a driver licence if the licence expires, and
is not renewed, or the person is required to surrender the driver licence.
[9] Schedule 1 Examples of statutory rule-making powers
Insert after clause 1(2)(f)--
(fa) the use of a digital driver licence, including prescribing circumstances
in which a digital driver licence must not be used, and
Page 4
Road Transport Amendment (Digital Licensing) Bill 2020 [NSW]
Schedule 2 Amendment of Licensing and Registration (Uniform Procedures) Act 2002 No 28
Schedule 2 Amendment of Licensing and Registration
(Uniform Procedures) Act 2002 No 28
[1] Part 4A
Omit the Part. Insert instead--
Part 4A Retention, use and protection of information
Division 1 Preliminary
80A Application of Part
This Part applies to information, including photographs, obtained by a
licensing authority in connection with--
(a) an application for the issue of a licence, or
(b) a licence issued by the authority.
80B Definitions
In this Part--
information means information, including photographs, obtained from an
applicant in connection with an application for a licence made by the applicant
or from the holder of a licence in connection with the licence.
information-access arrangement--see section 80C(1).
issue, in relation to a licence, includes grant or renew.
licence means a licence, registration, permit or other authorisation issued
under an Act or other statutory instrument.
licensing authority means a person or body authorised under an Act or
statutory instrument to grant a licence.
relevant criminal proceedings means--
(a) criminal proceedings under the legislation under which an application
for a licence is made or a licence is issued, or
(b) proceedings under Part 5, Division 3 of the Crimes Act 1900 in relation
to a licence.
service provider--see section 80C(1)(b).
Division 2 Information-access arrangements
80C Arrangements for provision of information in connection with licences
(1) A licensing authority may enter into the following arrangements
(information-access arrangements) to facilitate the provision or sharing of
information to which this Part applies--
(a) arrangements with another licensing authority for the provision or
sharing of information as a means of compliance with a lawful
requirement that an applicant provide information in connection with an
application for a licence,
(b) arrangements with a person or body (a service provider) for the
provision by the service provider of information services in connection
with the arrangements referred to in paragraph (a), being services
relating to the collection, processing, disclosure or use of, or provision
of access to, information.
Page 5
Road Transport Amendment (Digital Licensing) Bill 2020 [NSW]
Schedule 2 Amendment of Licensing and Registration (Uniform Procedures) Act 2002 No 28
(2) A licensing authority may only provide or share information under an
information-access arrangement if--
(a) the information was obtained by the licensing authority from an
applicant in connection with an application for the issue of a licence or
from the holder of a licence in connection with the licence held, and
(b) the applicant consented to the sharing of the information under
information-access arrangements.
(3) A licensing authority may only request information under an
information-access arrangement in respect of an applicant for the issue of a
licence if the licensing authority has obtained the consent of the applicant to
collect the information under an information-access arrangement.
(4) Despite subsection (2), a licensing authority may provide or share information
under an information-access arrangement without the consent of the applicant
for a purpose referred to in section 80I(1)(d) or (e).
80D What information-access arrangements can provide for
Without limiting the matters that may be provided for in information-access
arrangements, the arrangements may include provision for or with respect to
the following--
(a) authorising a licensing authority to take, store, use and provide
information for the purposes of the arrangements, including information
already held by the licensing authority in the exercise of any other
functions of the licensing authority,
(b) authorising the collection of information by a licensing authority for use
in connection with applications, including information to assist the
licensing authority to identify applicants,
(c) authorising the disclosure by a licensing authority to another licensing
authority of information held by the licensing authority for the purpose
of assisting in verifying the identity of an applicant,
(d) providing for the exercise by a service provider for or on behalf of a
licensing authority of any functions of the licensing authority under the
arrangements,
(e) providing for the sharing of information to update and maintain
consistent records between licensing authorities,
(f) the fees to be paid by a licensing authority or applicant for or in
connection with services provided by another licensing authority under
the arrangements.
80E Functions for purposes of information-access arrangements
(1) Licensing authorities and service providers are authorised to enter into the
information-access arrangements under this Part.
(2) Licensing authorities and service providers have and may exercise the
functions conferred or imposed on them by or under the information-access
arrangements.
(3) Licensing authorities are authorised to charge and recover any fees that the
information-access arrangements provide are payable to a licensing authority.
(4) This section does not limit any power of a licensing authority to charge or
recover a fee under another Act or otherwise.
Page 6
Road Transport Amendment (Digital Licensing) Bill 2020 [NSW]
Schedule 2 Amendment of Licensing and Registration (Uniform Procedures) Act 2002 No 28
80F Licensing authorities required to accept photographs provided under
information-access arrangements
(1) A photograph of an applicant provided under information-access
arrangements is to be accepted by a licensing authority as having been
provided by the applicant, unless the licensing authority is permitted under the
arrangements to reject the photograph.
(2) A licensing authority may reject a photograph provided under an
information-access arrangement, but only in the following circumstances--
(a) the photograph is not a sufficiently recent photograph, having regard to
the need for the photograph to be adequate for use as a means of
identification until the end of the period of currency of the licence or
certificate of registration concerned,
(b) the image quality or other technical qualities of the photograph are not
adequate, having regard to any special aspects of the purpose for which
the photograph is to be used,
(c) the circumstances prescribed by the regulations as justifying the
rejection of the photograph by a licensing authority.
Division 3 Security and protection of photographs
80G Photographs to which Division applies
This Division applies to photographs held by a licensing authority or service
provider that were--
(a) taken by the authority or service provider and are subject to
information-access arrangements, or
(b) provided to the authority or service provider under an
information-access arrangement.
80H Keeping and use of photographs
(1) A photograph to which this Division applies may be kept and used by a
licensing authority or service provider for one or more of the following
purposes only--
(a) to assist a licensing authority to verify the identity of a person whose
photograph is taken or provided by another licensing authority under
information-access arrangements or to assist another licensing authority
to verify the identity of an applicant,
(b) to facilitate reproducing the likeness of a person on a licence in
connection with which the photograph was taken or provided,
(c) the exercise of any function conferred or imposed by or under the
information-access arrangements,
(d) a purpose that is reasonably necessary for the proper exercise of any of
the investigative functions of the licensing authority or its conduct of
any lawful investigation,
(e) for an investigation relating to or leading to relevant criminal
proceedings or for the conduct of relevant criminal proceedings,
(f) for a photograph to which Part 4 of the Photo Card Act 2005 applies--
a purpose for which the photograph may be kept and used by Transport
for NSW under that Part,
Page 7
Road Transport Amendment (Digital Licensing) Bill 2020 [NSW]
Schedule 2 Amendment of Licensing and Registration (Uniform Procedures) Act 2002 No 28
(g) for a photograph to which Part 3.5 of the Road Transport Act 2013
applies--a purpose for which the photograph may be kept and used
under that Part by the Authority within the meaning of that Act.
(2) The photograph may be used for a purpose set out in this section at the time
that the photograph was obtained or at a later time.
80I Release of photographs
(1) A licensing authority or service provider must ensure that a photograph to
which this Division applies is not released except--
(a) in the exercise of any function conferred or imposed by or under the
information-access arrangements, or
(b) for a purpose that is reasonably necessary for the proper exercise of an
investigative function of the authority or service provider or its conduct
of a lawful investigation, or
(c) for an investigation relating to or leading to relevant criminal
proceedings or for the conduct of relevant criminal proceedings, or
(d) as provided under any other law, or
(e) to the person whose likeness is shown in the photograph, or
(f) as authorised or required under Part 4 of the Photo Card Act 2005 in
respect of the release of photographs to which that Part applies, or
(g) as authorised or required under Part 3.5 of the Road Transport Act 2013
in respect of the release of photographs to which that Part applies.
(2) If the Privacy Commissioner has approved a protocol that is applicable to the
release of a photograph under subsection (1)(b) or (c), the photograph must not
be released otherwise than in accordance with the protocol.
Division 4 Miscellaneous
80J Access to and alteration of information
(1) Sections 14 and 15 of the Privacy and Personal Information Protection Act
1998 do not apply to a licensing authority or service provider in respect of
information obtained under an information-access arrangement, except as
provided by this section.
Note. Sections 14 and 15 continue to apply in respect of a licensing authority or service
provider in respect of information and photographs obtained directly from an applicant
in connection with an application.
(2) If an individual makes a request of a licensing authority under section 14 of
the Privacy and Personal Information Protection Act 1998 and the licensing
authority obtained information about the individual under an
information-access arrangement, the licensing authority is to--
(a) provide the individual with the information in accordance with that
section, and
(b) specify the licensing authority or service provider from which the
information was obtained.
(3) If an individual makes a request of a licensing authority under section 15 of
the Privacy and Personal Information Protection Act 1998 and the licensing
authority obtained information about the individual under an
information-access arrangement, the licensing authority is to--
(a) forward the request to the licensing authority or service provider from
which the information was obtained, and
Page 8
Road Transport Amendment (Digital Licensing) Bill 2020 [NSW]
Schedule 2 Amendment of Licensing and Registration (Uniform Procedures) Act 2002 No 28
(b) notify the individual of the licensing authority or service provider to
whom the request has been forwarded.
80K Application of privacy principles to private sector service providers
In the case of a service provider that is not a public sector agency under the
Privacy and Personal Information Protection Act 1998, a licensing authority
is not to enter into information-access arrangements with the service provider
unless satisfied that the arrangements make appropriate provision for
compliance by the service provider, in connection with its functions under the
arrangements, with--
(a) sections 80H and 80I, and
(b) the information protection principles under the Privacy and Personal
Information Protection Act 1998 that would be applicable to the service
provider if the service provider were a public sector agency under that
Act.
[2] Section 84
Insert after section 83--
84 Regulations
The Governor may make regulations, not inconsistent with this Act, for or
with respect to any matter that by this Act is required or permitted to be
prescribed or that is necessary or convenient to be prescribed for carrying out
or giving effect to this Act.
[3] Schedule 3A Licences and registration to which Part 4A of Act applies
Omit the Schedule.
Page 9
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