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DANGEROUS GOODS AMENDMENT (TRANSPORT) ACT 2008 (NO. 66 OF 2008) - SECT 9

New sections 10C, 10D and 10E

After section 10B of the Principal Act insert

        " 10C     Provision of information to corresponding Authority

Subject to the Information Privacy Act 2000 , the Authority may provide information to a corresponding Authority about—

        (a)     any action taken by the Authority under this Act; or

        (b)     any information obtained under this Act, including any information contained in any records, devices or other things inspected or seized under this Act.

        10D     Restrictions on disclosure of information

    (1)     This section applies to a person who is or has been—

        (a)     a member of the Authority's Board of Management; or

        (b)     appointed for the purpose of this Act by the Authority; or

        (c)     engaged as a member of the Authority's staff; or

        (d)     authorised to perform a function or exercise a power of, or on behalf of, the Authority.

    (2)     Subject to section 10E, a person to whom this section applies must not, except to the extent necessary to perform official duties or to perform a function or exercise a power of, or on behalf of, the Authority—

        (a)     directly or indirectly make a record of or disclose to any other person any information acquired by the person by virtue of being a person to whom this section applies; or

        (b)     make use of any such information for any purpose other than—

              (i)     the performance of official duties; or

              (ii)     the performance of a function or exercise of a power of, or on behalf of, the Authority.

Penalty:     100 penalty units.

        10E     Circumstances in which information may be disclosed

    (1)     Nothing in section 10D precludes a person from doing any of the following—

        (a)     producing a document to a court in the course of criminal proceedings;

        (b)     producing a document to a court or the Tribunal in the course of proceedings under this Act;

        (c)     disclosing to a court in the course of criminal proceedings, or to a court or the Tribunal in the course of proceedings under this Act, any matter or thing arising under this Act or coming to the notice of the person—

              (i)     in the performance of official duties; or

              (ii)     in the performance of a function or exercise of a power of, or on behalf of, the Authority;

        (d)     producing a document or disclosing information with respect to a matter or thing arising under this Act to any of the following—

              (i)     the Secretary to the Department of Treasury and Finance;

              (ii)     a corresponding Authority;

              (iii)     an authority, department or public body, within the meaning of the Financial Management Act 1994 , that has functions in relation to particular matters relating to occupational health and safety or dangerous goods arising under this or another Act;

              (iv)     a committee of the Parliament;

              (v)     a person or body approved (in writing) by the Governor in Council for the purposes of this section;

        (e)     producing a document or disclosing information that is required or permitted by or under this or another Act to be produced or disclosed (as the case may be).

    (2)     The Minister must cause a report of requests for the approval of persons or bodies by the Governor in Council under subsection (1)(d)(v) to be laid before each House of the Parliament within 14 sitting days of that House after 30 June in each year.

    (3)     The report must include the following matters in respect of each request—

        (a)     the name of the person sought to be approved;

        (b)     the reason for the request;

        (c)     the date of the request;

        (d)     whether the request was approved or refused.".



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