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What does the legislation say?

Road Traffic Amendment Act 2000

42B. Additional matters relating to identity

(1) The Director General cannot issue or renew a driver's licence until the applicant has provided, in support of the application, such evidence as is required by the regulations to establish the identity and residential address in the State of the applicant.
(2) Except as prescribed in the regulations, the Director General cannot issue or renew a driver's licence unless the applicant has, at the time of the application or before, provided the Director General with -
(a) a photograph for use on the driver's licence, taken within 5 years of the application; and
(b) a signature for use on the driver's licence, made within 5 years of the application.
(3) The photograph and signature are to be provided in a manner and form approved by the Director General.
(4) The Director General is to ensure that any photograph or signature provided under this section is destroyed if it, or a copy of it, has not been used on a driver's licence in the preceding 5 years.
(5) A person who, other than for the purposes of this Part, possesses a photograph or signature provided under this section that is not on a driver's licence commits an offence.
Penalty: Imprisonment for 2 years.
(6) A person employed or engaged in connection with any aspect of the production of driver's licences or otherwise concerned in the administration of this Part, who, otherwise than in the administration of this Part -
 
(a) reproduces, by any mean, a photograph or signature that appears, or is to appear, in a licence; or
(b) causes or permits another person to do so,
commits an offence.
Penalty: Imprisonment for 2 years.
(7)

In this section
"destroyed" includes damaged so as to be unusable;
"photograph" includes a negative or an image stored electronically.


Department of Transport