Photo Card Act 2005 (NSW)

Photo Card Act 2005 No 20

An Act to make provision for the issue of the New South Wales Photo Card; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Photo Card Act 2005.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions (1) In this Act— authorised officer means— (a) a police officer, or (b) a person who is appointed for the time being by Transport for NSW as an authorised officer for the purposes of the provision in which the expression is used, or (c) a person (or a person belonging to a class or description of persons) prescribed by the regulations. Photo Card means a New South Wales Photo Card issued under this Act. photograph includes a digitised, electronic or computer generated image, and electronic data and other information used to create or generate a photograph. Register means the Photo Card Register maintained by Transport for NSW under this Act. Transport for NSW or TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.

Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (2) Notes included in this Act do not form part of this Act.

4 Functions of TfNSW Transport for NSW has the function of administering the scheme established by this Act for the New South Wales Photo Card and has such other functions as are conferred or imposed by or under this Act.

Part 2 Issue of Photo Card

5 Photo Card to be issued by TfNSW (1) Transport for NSW is to issue the New South Wales Photo Card as provided by this Act. (2) A Photo Card is to be in such form as Transport for NSW determines. (2A) Transport for NSW may issue a digital Photo Card within the meaning of Part 2A to an applicant for a Photo Card only if the applicant has elected, whether at the time of the application or subsequently, to receive a digital Photo Card. (3) Transport for NSW may charge a fee prescribed by the regulations for the issue of a Photo Card. (4) A Photo Card is valid for the period for which it is issued, as determined by Transport for NSW and specified on the Photo Card. (5) A Photo Card is and remains the property of Transport for NSW. (6) The regulations may provide for— (a) the waiver or refund of fees payable for the issue of a Photo Card, or (b) the exemption of persons, or classes of persons, from the requirement to pay a fee for the issue of a Photo Card.