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ROAD TRANSPORT AND OTHER LEGISLATION AMENDMENT (DIGITAL DRIVER LICENCES AND PHOTO CARDS) ACT 2018 - SCHEDULE 1

SCHEDULE 1 – Amendment of Road Transport Act 2013 No 18

[1] Section 4 Definitions

Insert in alphabetical order in section 4 (1):


"digital driver licence" has the meaning given by section 61A.

[2] Section 4 (1), definition of "driver licence"

Omit "receipt." from paragraph (b). Insert instead:

receipt,
but does not include a digital driver licence.

[3] Section 52 Seizure of driver licences

Insert after section 52 (5):

(6) The authority conferred by this section to seize an Australian driver licence or any article resembling an Australian driver licence does not extend to a mobile phone or other electronic device on which a digital driver licence is displayed. This subsection does not limit any authority to seize a mobile phone or other electronic device conferred by any other law.

[4] Section 57 Release of photographs prohibited

Omit ", and any photographic image or other matter contained in any database of such photographs," wherever occurring in section 57 (1) and (3).

[5] Part 3.7

Omit the Part. Insert instead:

Part 3.7 - Digital driver licences

61A Definitions In this Part:

"digital driver licence" means 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 that:
(a) is displayed on a mobile phone or other electronic device by way of software approved for that purpose by both the Secretary and the Authority, and
(b) includes the information required by this Act or the statutory rules to be shown on a driver licence.

"relevant purpose" , in relation to the use of a digital driver licence, means any of the following:
(a) complying with a requirement to hold, produce or carry a driver licence in connection with the driving of a motor vehicle,
(b) complying with a request to produce an evidence of age document within the meaning of the Liquor Act 2007 ,
(c) providing evidence of a person's name or address for any purpose under the Registered Clubs Act 1976 ,
(d) any other purpose prescribed by the regulations.

"Secretary" means the Secretary of the Department of Finance, Services and Innovation.
61B Application for digital driver licence
(1) The holder of a driver licence may apply to the Authority for the issue of a digital driver licence.
(2) An application for a digital driver licence must be made in the manner approved by the Authority.
61C Use of digital driver licence
(1) The holder of a digital driver licence may use the digital driver licence for a relevant purpose by displaying the digital driver licence on a mobile phone or other electronic device.
(2) The holder of a digital driver licence who holds, produces or carries a mobile phone or other electronic device on which the digital driver licence is displayed for a relevant purpose is taken to have held, produced or carried (as the case requires) a driver licence for that purpose.
(3) If the holder of a digital driver licence uses the digital driver licence for a relevant purpose, the digital driver licence is to be treated as if it were a driver licence for that purpose.
(4) Despite any other provision of this section, a person who displays or purports to display a digital driver licence is not required to give or hand over, to the person who is requiring the driver licence to be produced or handed over, the mobile phone or other electronic device on which the digital driver licence is displayed or purported to be displayed.
(5) A digital driver licence is not displayed for the purposes of this section if:
(a) the screen of the mobile phone or other electronic device on which it is purportedly displayed is unable to be read by the person to whom it is displayed due to cracking, dimming, dirt or any other fault, damage or obstruction, or
(b) the holder of the digital driver licence fails or refuses to comply with a reasonable request by the person to whom it is purported to be displayed to facilitate the reading, copying or scanning of the whole or any part of the digital driver licence, or
(c) the holder of the digital driver licence refuses to comply with a reasonable direction to refresh the display of the digital driver licence.
(6) The holder of a digital driver licence does not commit an offence under this or any other Act or law arising from the holder's use of a mobile phone or other electronic device for the purpose of displaying the holder's digital driver licence in response to a request to do so by a police officer or other person authorised to require the production of a driver licence.
Note 1 : Rules 299, 300 and 300-1 of the Road Rules 2014 make provision with respect to the use of mobile phones and other electronic devices by the driver of a motor vehicle.
Note 2 : The Road Transport (Driver Licensing) Regulation 2017 makes provision with respect to the use of mobile phones by certain licence holders when driving a motor vehicle.
61D Surrender of digital driver licence
(1) The holder of a digital driver licence must remove the digital driver licence from each mobile phone or other electronic device on which the digital driver licence is capable of being displayed as soon as practicable after the holder is required to surrender or return the holder's driver licence.
(2) A person who fails or refuses to remove the digital driver licence from each mobile phone or other electronic device on which the digital driver licence is capable of being displayed is taken to have failed to comply with the requirement to surrender or return the holder's driver licence.
(3) A person removes a digital driver licence from a mobile phone or other electronic device if the person updates the digital driver licence in accordance with the directions of the Authority.
(4) Any requirement under this or any other Act or law to surrender or return a driver licence does not extend to any mobile phone or other electronic device on which a digital driver licence is displayed.
61E Release of information for digital driver licences Despite section 30 and Part 3.5, the Authority may use and release information (including photographs) in the NSW driver licence register 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.

[6] Section 175 Requirement for driver or rider to produce Australian driver licence and state name and address

Insert at the end of section 175 (1):

Note : See section 61C which enables a digital driver licence to be used to comply with a request to produce a driver licence.

[7] Section 176 Requirement for passenger to produce Australian driver licence and state name and address

Insert at the end of section 176 (1):

Note : See section 61C which enables a digital driver licence to be used to comply with a request to produce a driver licence.



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