Victorian Current Acts Victorian Current ActsS. 266(1) amended by No. 34/2023 s. 22.
(1) The regulator may enter into an arrangement (an information sharing arrangement ) with a relevant agency for the purposes of sharing or exchanging information, including sensitive information, held by the regulator and the relevant agency.
(2) The information to which an information sharing arrangement may relate is limited to the following—
(a) information concerning investigations, inquiries, law enforcement, assessment of complaints or any registration or accreditation matters;
(b) probity assessments and reference checks concerning persons who provide, or propose to provide, commercial passenger vehicle services;
(c) any other information affecting the interests of users of commercial passenger vehicle services;
(d) information relating to the administration and enforcement of Part 11;
(e) any other information of a prescribed kind.
(3) Under an information sharing arrangement, the regulator and the relevant agency are authorised—
(a) to request and receive information held by the other party to the arrangement; and
(b) to disclose information to the other party.
(4) The regulator and the relevant agency may only do a thing authorised under subsection (3)(a) or (b) to the extent that the information is reasonably necessary to assist—
(a) the regulator in the exercise of functions under this Act or the Transport Integration Act 2010 ; or
(b) the relevant agency concerned in the exercise of the agency's functions.
(5) Without limiting subsections (3) and (4), the regulator may also (whether as part of an information sharing arrangement or otherwise)—
(a) refer to a commercial passenger vehicle agency or law enforcement agency any matter (including any complaint) with respect to the commercial passenger vehicle industry or that affects the interests of users of commercial passenger vehicle services; or
(b) receive any matter of a type described in paragraph (a) from a commercial passenger vehicle agency or law enforcement agency; or
(c) conduct a joint investigation into any such matter with a commercial passenger vehicle agency or law enforcement agency.
(6) This section does not limit—
(a) the powers of the regulator under this Act or the Transport Integration Act 2010 ; or
(b) the operation of section 267; or
(c) the operation of any other Act under which a relevant agency is authorised or required to disclose information to another person or body; or
(d) the giving of information—
(i) to a court or tribunal in the course of legal proceedings; or
(ii) under an order of a court or tribunal; or
(iii) to the extent reasonably required to enable the investigation or the enforcement of a law of the State or of any other State or of a Territory or of the Commonwealth; or
(iv) to the ESC; or
(v) with the written authority of the Secretary; or
(vi) with the written authority of the person to whom the information relates.
(7) In this section—
"commercial passenger vehicle agency"
means an agency of the State, or of the
Commonwealth, or of another State or a Territory or of an overseas
jurisdiction, that exercises functions under an enactment with respect to
commercial passenger vehicle services;
"law enforcement agency" means—
(a) Victoria Police or the police force or police service of another State or of a Territory or of an overseas jurisdiction; or
(b) the Australian Federal Police; or
(c) the Australian Criminal Intelligence Commission; or
(d) any other authority or person responsible for the investigation or prosecution of offences against the laws of the State or of the Commonwealth, another State or a Territory or an overseas jurisdiction;
"relevant agency" means—
(a) a commercial passenger vehicle agency; or
(b) a law enforcement agency; or
(c) the ESC; or
(d) the Commissioner; or
(e) any other person or body that exercises functions, in the public interest, that involve protecting the interests of users of commercial passenger vehicle services.
S. 267 inserted by No. 63/2017 s. 19.