New South Wales Consolidated Acts

FINES ACT 1996 - SECT 117A

117A Disclosure of information by Commissioner

(1) The Commissioner, or any other person engaged in the administration of this Act, may disclose personal information obtained in relation to a person in the administration or execution of this Act--

(a) in connection with the administration or execution of this Act (including for the purpose of the imposition, administration or enforcement of a fine), or

(a1) to a tax officer (within the meaning of the Taxation Administration Act 1996 ) for the purposes of the administration or execution of a taxation law (within the meaning of that Act), including for the purpose of any legal proceedings arising out of a taxation law or a report of any such proceedings, or

(a2) to a person engaged in the administration or execution of the following laws for the purposes of the administration or execution of those laws (including for the purpose of any legal proceedings arising out of any of those laws or a report of any such proceedings)--

(i) the First Home Owner Grant (New Homes) Act 2000 or a corresponding law of another State or a Territory,

(ii) the Unclaimed Money Act 1995 , or

(a3) to the Chief Commissioner under the State Debt Recovery Act 2018 in connection with the administration or execution of the debt recovery guidelines under that Act, or

(a4) to the Chief Executive Officer of Service NSW, or

(b) with the consent of the person to whom the information relates or at the request of a person acting on behalf of the person to whom the information relates, or

(c) in the case of information obtained in relation to a fine defaulter--

(i) to a government agency that is a prosecuting authority in relation to the offence concerned or on whose behalf the offence was prosecuted, or

(ii) to a government agency on whose behalf the penalty notice for the offence concerned was issued, or

(iii) to the Hardship Review Board, or

(iv) to an officer or agency of a participating jurisdiction (within the meaning of Part 5A) in connection with a request for the enforcement of, or the enforcement of, a fine enforcement order in that jurisdiction, or

(v) to an interstate fine enforcement authority (within the meaning of Part 5A), or other officer or agency of an originating jurisdiction for an interstate fine (within the meaning of that Part), in connection with a request for an interstate fine enforcement order, or

(vi) to a person engaged in the administration or execution of the Victims Rights and Support Act 2013 , in connection with a matter referred to the Commissioner for the making of a court fine enforcement order under this Act, or

(d) as authorised or required by or under any other Act.

(2) Without limiting subsection (1) (a), personal information may be disclosed to an employer or past employer of a fine defaulter for the purposes of the administration, enforcement or execution of a garnishee order (within the meaning of section 73).

(3) Information may be disclosed as referred to in subsection (1) (c) (i), (ii) or (vi) only if the disclosure is reasonably necessary to monitor the status of outstanding fines.

(3A) A tax officer who has obtained personal information under subsection (1) (a1) may disclose that information, in accordance with section 82 of the Taxation Administration Act 1996 , as if that information had been obtained under or in relation to the administration of a taxation law.

(4) In this section--

"personal information" has the same meaning as in the Privacy and Personal Information Protection Act 1998 .