Western Australian Consolidated Acts

ROAD TRAFFIC ACT 1974 - SECT 42E

42E .         Additional matters to do with identity

        (1)         The Director General cannot grant or renew a driver’s licence until the applicant has provided, in support of the application, any evidence required by the regulations to establish the applicant’s identity and residential address in this State.

        (2)         Except as prescribed in the regulations, the Director General cannot grant 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 taken within 10 years of the application; and

            (b)         a signature made within 10 years of the application,

                for use on the driver’s licence document.

        (3A)         Subsection (2) does not prevent the grant or renewal of a driver’s licence if the applicant has provided the Director General with a photograph and signature under section 43A within 10 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 document for a driver’s licence granted or renewed in the preceding 10 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 document commits an offence.

        Penalty: Imprisonment for 2 years.

        (6A)         Subsection (5) does not apply to a person who possesses a photograph provided under this section as a result of its disclosure under Division 4A.

        (6)         A person employed or engaged in connection with any aspect of the production of driver’s licence documents or otherwise concerned in the administration of this Part, who, otherwise than in the administration of this Part —

            (a)         reproduces, by any means, a photograph or signature provided under this section; 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.

        [Section 42E inserted by No. 54 of 2006 s. 6; amended by No. 18 of 2011 s. 8.]

        [Heading inserted by No. 54 of 2006 s. 6.]