An Act to amend the Road Transport Act 2013, the Photo Card Act 2005 and other legislation to provide for the issue and use of digital driver licences and digital Photo Cards; and for other purposes.
1 Name of Act
This Act is the Road Transport and Other Legislation Amendment (Digital Driver Licences and Photo Cards) Act 2018.
2 Commencement
(1) Except as provided by subsection (2), this Act commences on a day or days to be appointed by proclamation.(2) Section 3 commences on the date of assent to this Act.
3 (Repealed)
s 3: Rep 1987 No 15, sec 30C.
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:but does not include a digital driver licence.receipt,
[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 licences61A DefinitionsIn 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 licencesDespite 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.
Schedule 2 Amendment of Photo Card Act 2005 No 20
[1] Section 5 Photo Card to be issued by Authority
Insert after section 5 (2):(2A) The Authority 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.
[2] Part 2A
Insert after Part 2:Part 2A Digital Photo Cards13A DefinitionsIn this Part:digital Photo Card means a Photo Card issued electronically using information (including a photograph) from the Register 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 any information required under this Act or the regulations to be included in a Photo Card.relevant purpose, in relation to the use of a digital Photo Card, means any of the following:(a) complying with a request to produce an evidence of age document within the meaning of the Liquor Act 2007,(b) providing evidence of a person’s name or address for any purpose under the Registered Clubs Act 1976,(c) any other purpose prescribed by the regulations.Secretary means the Secretary of the Department of Finance, Services and Innovation.13B Use of digital Photo Card(1) The holder of a digital Photo Card may use the digital Photo Card for a relevant purpose by displaying the digital Photo Card on a mobile phone or other electronic device.(2) Despite any other provision of this section, a person who displays or purports to display a digital Photo Card is not required to give or hand over, to the person who is requiring the Photo Card to be produced or handed over, the mobile phone or other electronic device on which the digital Photo Card is displayed or purported to be displayed.(3) If the holder of a digital Photo Card uses the digital Photo Card for a relevant purpose, the digital Photo Card is to be treated as if it were a Photo Card for that purpose.(4) A digital Photo Card 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 Photo Card 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 Photo Card, or(c) the holder of the digital Photo Card refuses to comply with a reasonable direction to refresh the display of the Photo Card.13C Surrender of digital Photo Card(1) The holder of a digital Photo Card must remove the digital Photo Card from each mobile phone or other electronic device on which the digital Photo Card is capable of being displayed as soon as practicable after the holder is required to surrender or return the holder’s Photo Card.(2) A person who fails or refuses to remove the digital Photo Card from each mobile phone or other electronic device on which the digital Photo Card is capable of being displayed is taken to have failed to comply with the requirement to surrender or return the holder’s Photo Card.(3) A person removes a digital Photo Card from a mobile phone or other electronic device if the person updates the digital Photo Card in accordance with the directions of the Authority.(4) Any requirement under this or any other Act or law to surrender or return a Photo Card does not extend to any mobile phone or other electronic device on which a digital Photo Card is displayed.13D Release of information for digital Photo CardDespite Part 4, the Authority may use and release information (including photographs) in the Register to the Secretary or the Chief Executive Officer of Service NSW if the release of the information is for the purpose of the issue of a digital Photo Card.
[3] Section 19 Release of photographs prohibited
Omit “, and any photographic image or other matter contained in any database of such photographs,” from section 19 (1).
[4] Section 29 Seizure of Photo Card
Insert after section 29 (3):(4) The authority conferred by this section to seize a Photo Card, or thing resembling a Photo Card, does not extend to a mobile phone or other electronic device on which a digital Photo Card within the meaning of Part 2A is displayed. This subsection does not limit any authority to seize a mobile phone or other electronic device conferred by any other law.
Schedule 3 Amendment of other legislation
[1] Clause 53 Evidence of age
Omit “the Roads and Traffic Authority” from clause 53 (a).Insert instead “Roads and Maritime Services under the Road Transport Act 2013”.
[2] Clause 53 (a1)
Insert after clause 53 (a):(a1) a digital driver licence within the meaning of the Road Transport Act 2013,
[3] Clause 53 (b1)
Insert after clause 53 (b):(b1) a digital Photo Card within the meaning of Part 2A of the Photo Card Act 2005,
Section 26 Powers to inspect and seize things
Insert after section 26 (3):(4) The power to seize anything connected with an offence does not include a power to seize a mobile phone or other electronic device in connection with an offence arising from the use of the mobile phone or other electronic device to display any of the following:(a) a digital driver licence within the meaning of the Road Transport Act 2013,(b) a digital Photo Card within the meaning of Part 2A of the Photo Card Act 2005,(c) any other digital evidence of age document prescribed by the regulations.(5) Subsection (4) does not limit any authority to seize a mobile phone or other electronic device conferred by any other law.
[1] Section 4 Definitions
Insert “under the Road Transport Act 2013” after “Services” in paragraph (a) of the definition of evidence of age document in section 4 (1).
[2] Section 4 (1), definition of “evidence of age document”
Insert after paragraph (a):(a1) a digital driver licence within the meaning of the Road Transport Act 2013,
[3] Section 4 (1), definition of “evidence of age document”
Insert after paragraph (b):(b1) a digital Photo Card within the meaning of Part 2A of the Photo Card Act 2005,
Clause 67A
Omit the clause. Insert instead:67A Definition of “evidence of age document”For the purposes of paragraph (f) of the definition of evidence of age document in section 4 (1) of the Act, a proof of age card issued by Australia Post (known as a “Keypass identity card”) for the purpose of attesting to a person’s identity and age is prescribed.
3.5 Road Rules 2014
Rule 300–5 NSW rule: driver to carry licence while driving motor vehicle
Insert at the end of the rule:Note 5—Section 61C of the Act provides for the use of a digital driver licence for the purpose of complying with this rule.
Clause 125A Additional purpose of digital driver licence trial
Omit the clause.