New South Wales Consolidated Acts

RESIDENTIAL APARTMENT BUILDINGS (COMPLIANCE AND ENFORCEMENT POWERS) ACT 2020 - SECT 65

65 Exchange of information

(1) The Secretary may provide information to a relevant agency that is reasonably necessary for the purposes of enabling or assisting the relevant agency to regulate or take other action in respect of one or more of the following--

(a) developers and former developers of residential apartment buildings,

(b) residential apartment buildings,

(c) the carrying out of building work (including, without limitation, building work carried out by any contractor or subcontractor of a developer),

(d) prohibition orders,

(e) building work rectification orders,

(f) other matters prescribed by the regulations.

(2) A relevant agency may provide information to the Secretary that is reasonably necessary for the purposes of enabling or assisting the Secretary to exercise the Secretary's functions under this Act.

(3) Without limiting subsection (1), the Secretary may enter into an arrangement (an
"information sharing arrangement" ) with a relevant agency for the purposes of sharing or exchanging information held by the Secretary or the agency.

(4) Under an information sharing arrangement, the Secretary and the relevant agency are, despite any other Act or law, authorised--

(a) to request and receive information held by the other party to the arrangement, and

(b) to disclose information to the other party.

(5) Subsection (4) applies only to the extent that the information is reasonably necessary to assist in the exercise of functions of the Secretary under this Act or the functions of the relevant agency.

(6) This section does not--

(a) require the Secretary to provide information to a relevant agency only in accordance with subsection (1), or with an information sharing arrangement, where that information can otherwise be lawfully provided, or

(b) limit the operation of another Act or law under which a relevant agency is authorised or required to disclose information to another person or body.

(6A) To avoid doubt, information is
"held" by a person or agency for this section if the person or agency has access to the information.

Example--: Information on the NSW planning portal to which the Secretary has access.

(7) In this section--

"relevant agency" means any of the following--

(a) a government sector agency within the meaning of the Government Sector Employment Act 2013 ,

(a1) a local council,

(b) other persons or bodies prescribed by the regulations.