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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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