Australian Capital Territory Current Acts

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 29

    (1)     The road transport authority may use or disclose data collected in relation to a traffic offence detection device only—

        (a)     in connection with the enforcement of the road transport legislation; or

Examples

1     disclosure to a police officer for issuing an infringement notice

2     disclosure to a prosecutor preparing prosecutions

3     disclosure to or use by a contractor engaged to provide services in relation to the operation of a traffic offence detection device

4     use of data to test and maintain a traffic offence detection device

        (b)     to issue a written warning in connection with the enforcement of the road transport legislation; or

        (c)     if the use or disclosure of the data is reasonably necessary for the enforcement of the criminal law or a law imposing a monetary penalty; or

        (d)     for research relating to improving road safety and transport efficiency, but only if identifying information about people cannot be ascertained from the data; or

        (e)     if the use or disclosure of the data is required or authorised by—

              (i)     a law of the Territory; or

Example

a person asks for a copy of an image under s 27

              (ii)     a law of the Commonwealth; or

              (iii)     an order of a court of competent jurisdiction.

    (2)     A person to whom data collected by a traffic offence detection device is disclosed under subsection (1)—

        (a)     may use the data only for the purpose for which it was disclosed and in accordance with any applicable laws; and

        (b)     must not retain the data for longer than required by or for that purpose, or as required by law; and

        (c)     must not disclose the data to someone else unless the disclosure is required or authorised by—

              (i)     a law of the Territory; or

              (ii)     a law of the Commonwealth; or

              (iii)     an order of a court of competent jurisdiction.

    (3)     A person mentioned in subsection (2) includes a contractor engaged to operate a traffic offence detection device.

Note     A public sector agency must not enter into a government contract unless the contract contains appropriate provisions for privacy protections (see Information Privacy Act 2014

, s 21).

    (4)     The road transport authority, and any person to whom data collected by a traffic offence detection device is disclosed under this section, must ensure that the data is protected by security safeguards that are reasonable in the circumstances to prevent—

        (a)     loss; and

        (b)     unauthorised access, use, modification or disclosure; and

        (c)     other misuse.

    (5)     In this section:

"data" includes an image or a series of images.

"law of the Territory", in relation to data collected by a traffic offence detection device, means a law that expressly requires or authorises the use of the data.