New South Wales Consolidated Regulations

ROAD TRANSPORT (DRIVER LICENSING) REGULATION 2017 - REG 111

111 Keeping and use of photographs: use of facial recognition technology

(cf 2008 Reg cl 108A)

(1) For the purposes of section 56(1)(j) of the Act, Transport for NSW may keep or use a photograph to which Part 3.5 of the Act applies to conduct comparisons using facial recognition technology--

(a) to check whether an applicant for the issue, replacement or renewal of a relevant permit has previously been issued with a relevant permit using another identity, or

(b) to check whether any person's photograph has been taken and recorded using more than one identity, or

(c) to discover or confirm a person's identity if Transport for NSW is required or authorised by or under law to use or disclose personal information about that person.

(2) In this clause--

"facial recognition technology" means a biometric technology used to identify a person by a comparison of digital images of human faces, using various facial features such as a person's eyes, nose and mouth as the points of comparison.

"relevant permit" means any of the following--

(a) a driver licence,

(b) a "proof of age" card,

(c) a Photo Card issued under the Photo Card Act 2005 ,

(d) a licence or permit under the Firearms Act 1996 ,

(e) a licence under the Security Industry Act 1997 ,

(f) a permit under the Weapons Prohibition Act 1998 ,

(g) any other licence, permit or similar authority issued using a photograph to which Part 3.5 of the Act applies,

(h) the registration of a vehicle within the meaning of the Act,

(i) a licence or certificate of registration referred to in Schedule 3A to the Licensing and Registration (Uniform Procedures) Act 2002 ,

(j) any other licence, permit or similar authority issued using a photograph kept or used by Transport for NSW for any purpose for which a photograph to which Part 4A of the Licensing and Registration (Uniform Procedures) Act 2002 applies may be used,

(k) a mobility parking scheme authority under the statutory rules made under the Act.

Note--: Section 80H(1)(f) of the Licensing and Registration (Uniform Procedures) Act 2002 provides that a photograph taken for the purposes of that Act may be kept and used for any purpose for which a photograph to which Part 3.5 of the Road Transport Act 2013 applies may be kept and used by Transport for NSW. Section 18(1)(e) of the Photo Card Act 2005 makes similar provision for photographs taken under that Act.
As a result, photographs to which those Acts apply may be kept and used for the purposes prescribed by this clause.