New South Wales Consolidated Regulations

ROAD TRANSPORT (DRIVER LICENSING) REGULATION 2017 - REG 109

109 Release of certain photographs

(cf 2008 Reg cl 107)

(1) For the purposes of section 57(1)(k) of the Act, a photograph to which Part 3.5 of the Act applies may be released by Transport for NSW--

(a) to the New South Wales Crime Commission for the purposes of the investigation or prosecution of a relevant criminal activity, or a relevant offence (within the meaning of the Crime Commission Act 2012 ), or

(b) to the New South Wales Crime Commission for the purposes of the investigation of a terrorist act (within the meaning of the Terrorism (Police Powers) Act 2002 ) or a threat of such a terrorist act, or

(c) to ASIO if--

(i) the Director-General of ASIO has requested that the photograph concerned be released for a purpose connected with the exercise of ASIO's functions under the Australian Security Intelligence Organisation Act 1979 of the Commonwealth, and

(ii) the photograph is released to an employee or other staff member of ASIO who is authorised in writing by the Director-General to receive the photograph, and

(iii) the authorised employee or other staff member certifies in writing that the photograph sought is reasonably necessary for ASIO to exercise its functions under the Australian Security Intelligence Organisation Act 1979 of the Commonwealth, or

(d) to the inter-agency team known as the Identity Security Strike Team (Sydney), being a team hosted by the Australian Federal Police and charged with investigating serious identity-related crime.

(2) Any release of a photograph under this clause must be in accordance with any protocol approved by the Privacy Commissioner, as required by section 57(2) of the Act.

(3) In this clause--

"ASIO" means the Australian Security Intelligence Organisation continued in existence by the Australian Security Intelligence Organisation Act 1979 of the Commonwealth.

Note 1--: Transport for NSW is authorised to release to the NSW Police Force any photographs to which Part 3.5 of the Act applies (see section 57(1)(a) of the Act). Such release must be in accordance with any protocol approved by the Privacy Commissioner.

Note 2--: The following legislation provides that any photograph taken for the purposes of that legislation may be released for any purpose for which a photograph to which Part 3.5 of the Act applies may be released by Transport for NSW--

(a) section 19(1)(g) of the Photo Card Act 2005 (which relates to photographs taken or provided in relation to applications for the issue of Photo Cards),

(b) section 80I(1)(f) of the Licensing and Registration (Uniform Procedures) Act 2002 (which relates to photographs taken or provided in relation to applications for the issue of licences or registrations issued under the uniform licensing procedure scheme),

(c) the Road Transport (General) Regulation 2021 , section 112(1)(e) (which relates to photographs taken for the purposes of applications for the issue of mobility parking scheme authorities).

As a result, photographs to which that legislation relates may be released for the purposes prescribed by this clause.