Land Transport Act 1998

200 Restrictions on access to photographic images of driver licence holders

  • (1) Except as provided in this section, no person, other than a person acting in the course of the person's official duties as an employee of the Agency, may access any photographic image stored under section 28(5).

    (2) A constable may, for the purpose of enforcing any enactment referred to in section 113(1), access any photographic image stored under section 28(5) on production to the Agency of—

    • (a) written consent to such access given by the individual to whom the image relates; or

    • (b) an appropriate warrant issued under section 198 of the Summary Proceedings Act 1957.

    (2A) A person who is the next of kin of a deceased individual to whom a photographic image stored under section 28(5) relates may access the photographic image—

    • (a) on production to the Agency of—

      • (i) a death certificate (within the meaning of section 2 of the Births, Deaths, Marriages, and Relationships Registration Act 1995) relating to the death of the individual; or

      • (ii) the grant of probate of the will of the individual or of letters of administration to the individual's estate; and

    • (b) only if the person who is seeking access to the photographic image satisfies the Agency that the person is the individual's next of kin.

    (3) A person who has lawful access to a photographic image stored under section 28(5) may use that image only in the course, and for the purposes, of the person's official duties.

    (4) For the purposes of this section, next of kin includes a spouse, a civil union partner, and a de facto partner.

    Section 200(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 200(1): amended, on 16 January 2006, by section 84(1) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 200(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 200(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 200(2A): inserted, on 16 January 2006, by section 84(2) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 200(2A)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 200(2A)(a)(i): amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

    Section 200(2A)(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 200(4): added, on 16 January 2006, by section 84(3) of the Land Transport Amendment Act 2005 (2005 No 77).