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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--VEHICLE REGISTRATION) REGULATION 2021 - REG 202
Giving extracts from register to eligible persons
202 Giving extracts from register to eligible persons
(1) The chief executive may give an extract from the register about a vehicle
to an eligible person, or a person acting for the eligible person, if the
person does the following— (a) gives the chief executive a request for the
extract; Note— See part 9 , division 3 for requirements for particular
customer communications.
(b) if the eligible person is an authorised
statutory entity—pays the chief executive the amount, if any, the chief
executive decides is reasonable, having regard to how and why the extract is
being given to the person;
(c) if the eligible person is a person other than
an authorised statutory entity or safety recall agency—pays the chief
executive the fee stated in schedule 4 , part 5 for giving the extract.
(2)
For subsection (1) (b) , the amount decided by the chief executive must not be
more than the amount of the fee stated in schedule 4 , part 5 for giving the
extract to an eligible person other than an authorised statutory entity or
safety recall agency.
(3) The extract may include personal information about
the vehicle’s current or previous registered operator.
(4) The chief
executive may give the extract on conditions about the use or disclosure of
information in the extract.
(5) The eligible person, or the person acting for
the eligible person, must not use or disclose information in the extract other
than under the conditions mentioned in subsection (4) . Penalty—
Maximum penalty—20 penalty units.
(6) In this section—
"eligible person" , for an extract about a vehicle, means— (a) a person who
proposes to start, or has started, litigation; or
(b) an authorised statutory
entity; or
(c) the registered operator of the vehicle; or
(d) a safety
recall agency; or
(e) a person who has the written consent of the registered
operator of the vehicle to request the extract; or
(f) an insolvency entity.
"litigation" means a proceeding, or a proposed proceeding, in a court for
which information in the register about a particular vehicle is, or may be,
relevant, but only if— (a) the proceeding is about— (i) an incident
involving the vehicle; or
(ii) the bankruptcy or possible bankruptcy of the
registered operator of the vehicle; or
(iii) the application, or the possible
application, to the registered operator of the vehicle, of the provisions of
the Corporations Act relating to external administration; or
(iv) fraudulent
activities of the registered operator of the vehicle; or
(b) the proceeding
is before the Family Court of Australia and involves the registered operator
of the vehicle; or
(c) in the course of the proceeding, the court decides
information about the registered operator of the vehicle is required,
including, for example, to help to finalise the proceeding.
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