COMPETITION AND CONSUMER ACT 2010 - SECT 57DB Safety and security information--supply to Australian repairers and scheme RTOs

COMPETITION AND CONSUMER ACT 2010 - SECT 57DB

Supply of safety and security information--restrictions on supply

  (1)   A data provider must not supply scheme information under this Part that is, or includes, safety and security information for a scheme vehicle of a particular make, model and year unless:

  (a)   there are reasonable grounds, based on information provided by the Australian repairer or scheme RTO, to believe that the requirements covered by subsection   (2) are satisfied in relation to the scheme information for that vehicle; and

  (b)   the Australian repairer or scheme RTO has provided the required declaration, or declarations, covered by subsection   (3) in relation to that vehicle.

Civil penalty:

  (a)   for a body corporate--600 penalty units; and

  (b)   for a person other than a body corporate--120 penalty units.

  (2)   The requirements covered by this subsection are that:

  (a)   the safety and security information is solely for use by an individual or individuals:

  (i)   in the case of an Australian repairer--for the purposes of the Australian repairer's business; or

  (ii)   in the case of a scheme RTO--for the purposes of providing an RTO course; and

  (b)   based only on personal information about the individual covered by subsection   (6), the individual is a fit and proper person to access and use the safety and security information.

  (3)   The required declarations covered by this subsection are that:

  (a)   if security information is to be supplied--a declaration:

  (i)   confirming that the Australian repairer or scheme RTO is authorised by the owner of the scheme vehicle to access and use the security information for that vehicle; and

  (ii)   specifying the vehicle identification number of the vehicle; and

  (b)   in any case, if the scheme rules prescribe a standard in relation to premises at which work is to be carried out on scheme vehicles of that particular make, model and year--a declaration that the premises used by the Australian repairer or scheme RTO comply with that standard.

Fit and proper persons

  (4)   An individual is a fit and proper person to access and use safety and security information if the individual meets the criteria (the prescribed safety and security criteria ) prescribed by the scheme rules.

  (5)   For the purposes of subsection   (4), different criteria may be prescribed in relation to each of the following:

  (a)   safety information;

  (b)   security information.

Personal information

  (6)   For the purposes of paragraph   (2)(b), the following personal information about an individual is covered by this subsection:

  (a)   the individual's name and residential address;

  (b)   information about the individual's relationship to the Australian repairer or scheme RTO (as the case may be);

  (c)   the individual's qualifications for using the safety and security information for the applicable purpose mentioned in paragraph   (2)(a);

  (d)   a criminal records check about the individual;

  (e)   any other information (except sensitive information) prescribed by the scheme rules relevant to working out whether the individual is a fit and proper person to access and use the safety and security information.

Note:   This section applies despite section   57CB (which deals with the supply of scheme information on request by an Australian repairer or scheme RTO).

  (7)   The scheme rules may prescribe matters in relation to the circumstances in which personal information covered by subsection   (6) may be sought or given.