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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Road Transport (General) Amendment
(Intelligent Access Program) Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Road Transport (General) Act 2005 No 11 2
4 Amendment of Road Transport (Mass, Loading and
Access) Regulation 2005 2
5 Repeal of Act 2
Schedule 1 Amendment of Road Transport (General) Act 2005 3
Schedule 2 Amendment of Road Transport (Mass, Loading and
Access) Regulation 2005 6
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Road Transport (General) Amendment
(Intelligent Access Program) Bill 2006
Act No , 2006
An Act to amend the Road Transport (General) Act 2005 and the Road Transport
(Mass, Loading and Access) Regulation 2005 with respect to the use of intelligent
transport systems for certain monitoring and compliance purposes; and for other
purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Road Transport (General) Amendment (Intelligent Access Program)
Clause 1 Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Road Transport (General) Amendment (Intelligent
Access Program) Act 2006.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Road Transport (General) Act 2005 No 11
The Road Transport (General) Act 2005 is amended as set out in
Schedule 1.
4 Amendment of Road Transport (Mass, Loading and Access) Regulation
2005
The Road Transport (Mass, Loading and Access) Regulation 2005 is
amended as set out in Schedule 2.
5 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
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Road Transport (General) Amendment (Intelligent Access Program)
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Amendment of Road Transport (General) Act 2005 Schedule 1
Schedule 1 Amendment of Road Transport (General)
Act 2005
(Section 3)
[1] Section 11A
Insert after section 11:
11A Regulations relating to intelligent transport systems
(1) This section applies to an intelligent transport system that is
required or permitted to be used by or under an applicable road
law or any exemption, authority or condition given or imposed by
or under an applicable road law.
(2) Regulations may be made for or with respect to the following
matters relating to intelligent transport systems:
(a) conditions relating to intelligent transport systems,
(b) regulating or prohibiting the collection, storage, use and
disclosure of information obtained by the use of an
intelligent transport system, or obtained for the purposes of
such a system or a proposed system,
(c) the records to be kept in relation to information obtained
by the use of an intelligent transport system,
(d) the reports to be made in relation to the operation of, or any
other matter relating to, an intelligent transport system,
(e) regulating or prohibiting tampering with intelligent
transport systems,
(f) notification of persons about whom or in respect of whom
information is obtained by the use of an intelligent
transport system,
(g) certification of providers of intelligent transport systems or
of intelligent transport systems,
(h) the functions of providers and auditors of intelligent
transport systems,
(i) the operation of intelligent transport systems,
(j) without limiting paragraph (b), the use of information
obtained by the use of an intelligent transport system for
compliance or other law enforcement purposes,
(k) monitoring and auditing of intelligent transport systems,
providers of intelligent transport systems and persons
required or permitted to use intelligent transport systems,
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Schedule 1 Amendment of Road Transport (General) Act 2005
(l) the use of certificates relating to the following matters as
evidence in any proceedings before a court or tribunal:
(i) conditions relating to the use of intelligent transport
systems imposed under this Act or the regulations,
(ii) vehicles, operators and drivers subject to conditions
referred to in subparagraph (i),
(iii) operators, providers and auditors of intelligent
transport systems,
(iv) information obtained by the use of intelligent
transport systems,
(v) whether an intelligent transport system was or was
not subject to any malfunction at a specified time,
(vi) the map used for the purposes of an intelligent
transport system,
(vii) reports relating to intelligent transport systems,
(viii) the correct operation and functioning of an
intelligent transport system,
(ix) the position of a vehicle on the surface of the earth
at a particular time,
(x) mathematical (including statistical) procedures used
in relation to information obtained by the use of an
intelligent transport system,
(m) the use of reports generated by an intelligent transport
system as evidence in any proceedings before a court or
tribunal,
(n) evidentiary presumptions as to the correct operation and
functioning of an intelligent transport system, other
matters relating to the operation of an intelligent transport
system and information obtained by using such a system.
(3) A regulation made for the purposes of this section may create an
offence punishable by a penalty not exceeding 200 penalty units.
(4) Sections 16 and 18 of the Workplace Surveillance Act 2005 do
not apply to or in respect of the operation of an intelligent
transport system, except to the extent provided by the regulations
under this Act.
(5) This section is in addition to, and does not limit, any other
regulation-making power contained in this Act or any other
applicable road law.
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Amendment of Road Transport (General) Act 2005 Schedule 1
(6) In this section:
authority includes a permit, authorisation, approval, notice or
anything else granted or issued in writing under an applicable
road law.
[2] Schedule 1 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Road Transport (General) Amendment (Intelligent Access
Program) Act 2006
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Road Transport (General) Amendment (Intelligent Access Program)
Bill 2006
Schedule 2 Amendment of Road Transport (Mass, Loading and Access) Regulation
2005
Schedule 2 Amendment of Road Transport (Mass,
Loading and Access) Regulation 2005
(Section 4)
[1] Clause 4 Object
Insert at the end of clause 4 (c):
, and
(d) the use of intelligent transport systems to monitor
compliance with conditions of concessions under this
Regulation or the Act.
[2] Clause 14 Class 1 notices
Insert after clause 14 (3):
(4) Without limiting subclause (1), the conditions of a Class 1 notice
may include a condition that a vehicle to which it applies, and any
operator or driver of the vehicle, must participate in a program
involving the use of an intelligent transport system to monitor
compliance with the notice.
[3] Clause 16 Class 1 permits
Insert after clause 16 (3):
(4) Without limiting subclause (1), the conditions of a Class 1 permit
may include a condition that a vehicle to which it applies, and any
operator or driver of the vehicle, must participate in a program
involving the use of an intelligent transport system to monitor
compliance with the permit.
[4] Clause 22 Conditions of a Class 2 notice or permit
Insert after clause 22 (3):
(4) The Authority may issue a Class 2 notice or Class 2 permit
subject to a condition that a vehicle to which it applies, and any
operator or driver of the vehicle, must participate in a program
involving the use of an intelligent transport system to monitor
compliance with the notice or permit.
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Amendment of Road Transport (Mass, Loading and Access) Regulation Schedule 2
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[5] Clause 25 Exemption by notice in Gazette
Insert after clause 25 (2):
(2A) The Authority may issue a Class 3 notice subject to a condition
that a vehicle to which it applies, and any operator or driver of the
vehicle, must participate in a program involving the use of an
intelligent transport system to monitor compliance with the
notice.
[6] Clause 27 Exemption by permit
Insert after clause 27 (3):
(4) The Authority may grant a Class 3 permit subject to a condition
that the vehicle to which it applies, and any operator or driver of
the vehicle, must participate in a program involving the use of an
intelligent transport system to monitor compliance with the
permit.
[7] Clause 36 Permits and notices relating to eligible vehicles
Insert after clause 36 (3):
(3A) Without limiting subclause (3), the Authority may issue a permit
subject to a condition that the vehicle to which it applies, and any
operator or driver of the vehicle, must participate in a program
involving the use of an intelligent transport system to monitor
compliance with the permit.
[8] Part 6A
Insert after Part 6:
Part 6A Intelligent access programs
Division 1 Preliminary
72A Application of Part
This Part applies to an operator or driver of a vehicle, and a
vehicle, if a notice, permit or exemption under this Regulation or
an exemption under the Act affecting the vehicle is subject to a
condition requiring participation in a program involving the use
of an intelligent transport system to monitor compliance with the
notice, permit or exemption.
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Schedule 2 Amendment of Road Transport (Mass, Loading and Access) Regulation
2005
72B Definitions
(1) In this Part:
auditor means a person appointed by TCA to conduct intelligent
access audits.
concession means a notice, permit or exemption under this
Regulation, or an exemption under the Act, that is subject to an
intelligent access condition.
intelligent access audit--see clause 72ZB.
intelligent access condition means a condition requiring
participation in a program involving the use of an intelligent
transport system to monitor compliance with a notice, permit or
condition.
intelligent access information means information generated or
collected for a purpose related to a concession or an intelligent
access condition.
intelligent access map--see clause 72C (5).
intelligent access system means an intelligent transport system
that is installed in or in relation to a vehicle for the purposes of an
intelligent access condition.
non-compliance report means a report generated by an
intelligent access system as to any of the following:
(a) a breach of a condition of a concession,
(b) apparent tampering with the system, being a report
electronically generated by the system itself.
operator of a vehicle has the same meaning as it has in Chapter 3
of the Act.
personal information means information or an opinion
(including information or an opinion forming part of a database),
whether true or not, and whether recorded in a material form or
not, about an individual whose identity is apparent, or can
reasonably be ascertained, from the information or opinion.
service provider means the provider of an intelligent transport
system.
tampering offence means an offence under clause 72F.
TCA means Transport Certification Australia Ltd ACN 113 379
936.
(2) For the purposes of this Part, an intelligent transport system
malfunctions if:
(a) it ceases to work at all or works only intermittently, or
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(b) it does not perform one or more functions required for the
purpose of the relevant intelligent access condition or
performs any such function intermittently, or
(c) it performs any such function in a way that produces
inaccurate or unreliable results or does so intermittently.
(3) For the purposes of the application of this Part to the use or
disclosure by a person or body of personal information, an
intelligent access program identifying number or code issued by
the Authority for a vehicle is taken to be personal information if
it becomes known to the person or body and that person or body
has the ability to associate it with a particular individual.
Division 2 Intelligent access programs
72C Condition requiring participation in intelligent access program
(1) An intelligent access condition may specify the following
matters:
(a) the intelligent transport systems that may be installed in or
in relation to a vehicle for the purposes of the condition,
(b) the service provider or providers from whom any such
intelligent transport system is to be obtained,
(c) the roads or other places on which and the periods during
which the vehicle is to be monitored by the intelligent
transport system,
(d) the matters that are to be monitored, and the information
that is to be provided, by the intelligent transport system,
(e) the period within which the intelligent transport system
must generate, and send to the Authority, a
non-compliance report after the system detects a breach of
the conditions of the concession or a suspected tampering
offence.
(2) Nothing in this clause limits the matters that may be specified in
an intelligent access condition.
(3) The Authority must not specify an intelligent transport system for
the purposes of an intelligent access condition unless the system
is certified by TCA for that purpose.
(4) The Authority must not specify a service provider for the
purposes of an intelligent access condition unless the service
provider is the holder of a current certification by TCA as a
service provider.
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(5) It is a condition of a concession that an intelligent transport
system installed in accordance with an intelligent access
condition to which the concession is subject is to use, as its spatial
data set for roads, the spatial data set issued by TCA from time to
time for use with intelligent access systems (the intelligent
access map).
72D Operational functions of TCA
TCA has the following functions for the purpose of managing the
certification and auditing of intelligent access programs on behalf
of the Authority:
(a) the certification and cancellation of the certification of
service providers and intelligent transport systems,
(b) the appointment and coordination of auditors,
(c) the consideration of reports by auditors,
(d) any functions ancillary to the other functions specified in
this clause.
Division 3 Operation of intelligent access systems
72E Malfunction reporting obligations
(1) If the operator of a vehicle becomes aware that an intelligent
access system fitted to or in relation to the vehicle is
malfunctioning, the operator must notify the Authority of the
malfunction immediately, orally or by facsimile or email.
(2) If the driver of a vehicle becomes aware that an intelligent access
system fitted to or in relation to the vehicle is malfunctioning, the
driver must notify the operator of the vehicle of the malfunction
immediately, orally or by facsimile or email.
(3) An operator or driver of a vehicle who notifies a malfunction
must keep a written record of the notification, containing the
following:
(a) the date, time and type of the malfunction,
(b) the location of the vehicle at the time of the malfunction,
(c) the name of the person who made the notification and of
the person to whom the notification was made.
(4) An operator or driver of a vehicle who makes a record under
subclause (3) must retain it for 4 years after it is made.
Maximum penalty: 60 penalty units.
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72F Tampering with intelligent transport systems
(1) A person who:
(a) engages in conduct that has the result that:
(i) an intelligent access system is altered, or
(ii) an intelligent access system is installed or used in a
way that is not in accordance with any condition of
its certification by TCA, or
(iii) any data instruction that an intelligent access system
uses internally is altered, and
(b) engages in the conduct intending to cause the system to fail
to collect, store or report intelligent access information, or
to fail to do so correctly,
is guilty of an offence.
(2) A person who engages in conduct and is negligent or reckless as
to whether, as a result of the conduct, an intelligent transport
system may fail to collect, store or report intelligent access
information, or to fail to do so correctly, is guilty of an offence.
(3) In this clause:
fail, in relation to a system, means that the system does not
perform as intended in terms of accuracy, timeliness, reliability,
verifiability or any other performance parameter and includes a
permanent, temporary or occasional failure.
Maximum penalty:
(a) first offence--100 penalty units, or
(b) subsequent offence--200 penalty units.
72G Tampering must be reported to Authority by service providers and
TCA
(1) A service provider or TCA must report to the Authority in
accordance with this clause if the service provider or TCA
knows, or has reasonable grounds to suspect, that a tampering
offence has been committed.
Maximum penalty (subclause (1)):
(a) first offence--100 penalty units, or
(b) subsequent offence--200 penalty units.
(2) A report by a service provider must be in the form approved by
TCA and must contain any information regarding the offence
required by TCA.
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(3) A report by a service provider or TCA must be made not later
than 5 business days after the service provider or TCA first
knows, or has reasonable grounds to suspect, that a tampering
offence has been committed.
(4) A service provider or TCA must not disclose to any person other
than the Authority:
(a) that the provider or TCA knows, or has reasonable grounds
to suspect, that a tampering offence has been committed,
or
(b) that a report has been made by the service provider or TCA
under this clause, or
(c) any information from which the person to whom the
disclosure is made could reasonably infer that the provider
or TCA had that knowledge or suspicion or had made such
a report.
Maximum penalty (subclause (4)):
(a) first offence--100 penalty units, or
(b) subsequent offence--200 penalty units.
(5) For the purposes of subclause (1), knowledge or suspicion does
not include knowledge or suspicion resulting only from:
(a) a report, contained in a non-compliance report or
otherwise made by an intelligent access system, of the
electronic detection of apparent tampering with that
system, or
(b) the analysis of data produced by such a system.
72H Tampering and other matters must be reported by auditors
(1) An auditor who knows, or has reasonable grounds to suspect, that
a tampering offence has been committed, must report the alleged
offence:
(a) in the case of an offence or suspected offence by an
operator or driver, to the Authority, or
(b) in the case of an offence or suspected offence by a service
provider, to TCA.
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(2) An auditor who knows, or has reasonable grounds to suspect, that
a service provider the subject of an audit by the auditor has
contravened this Part (other than by committing a tampering
offence) must report the contravention or suspected
contravention to TCA.
Maximum penalty:
(a) first offence--100 penalty units, or
(b) subsequent offence--200 penalty units.
72I Non-compliance reports must be made to Authority by service
provider
(1) A service provider must make a non-compliance report to the
Authority in accordance with this clause if:
(a) the service provider's monitoring equipment detects a
breach of a concession by the operator of a vehicle, or
(b) the service provider knows of anything that indicates that
an operator may have breached a concession, or
(c) the service provider's monitoring equipment electronically
generates a report about an apparent tampering offence.
Maximum penalty (subclause (1)):
(a) first offence--100 penalty units, or
(b) subsequent offence--200 penalty units.
(2) A non-compliance report must be made:
(a) in the form approved by TCA and contain any information
required by TCA, and
(b) within the time specified by the Authority by notice
published in the Gazette.
72J Provision of false or misleading information to service provider by
operator
(1) An operator of a vehicle is guilty of an offence if:
(a) the operator, or a person on behalf of the operator, gives
information to a service provider with whom the operator
has entered into an agreement for the provision of an
intelligent access system, and
(b) the information is relevant to the operation of the vehicle,
and
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(c) the operator knows that the information is false or
misleading in a material particular or the operator
knowingly omits anything without which the information
is false or misleading in a material particular.
(2) An operator of a vehicle is guilty of an offence if:
(a) the operator, or a person on behalf of the operator, gives
information to a service provider intending that the service
provider will enter into an agreement for the provision of
an intelligent access system in reliance on the information,
and
(b) the operator knows that the information is false or
misleading in a material particular or the operator
knowingly omits anything without which the information
is false or misleading in a material particular.
Maximum penalty: 100 penalty units.
72K Provision of false or misleading information by service provider
A service provider is guilty of an offence if:
(a) the service provider gives information to the Authority or
TCA, and
(b) the information is relevant to the operation of a vehicle to
which a concession applies, and
(c) the service provider knows that the information is false or
misleading in a material particular or the service provider
knowingly omits anything without which the information
is false or misleading in a material particular.
Maximum penalty: 100 penalty units.
Division 4 Collection, storage, use and disclosure of
intelligent access information
72L Application of Division
The provisions of this Division are in addition to any other law.
72M Driver to be informed about operation of intelligent access system
(1) An operator (not being the driver) of a vehicle must, before the
vehicle begins a journey, inform the vehicle's driver, in
accordance with this clause, of the following:
(a) that the vehicle will be monitored by a service provider,
(b) what information will be collected by the service provider,
(c) the purposes for which the information is collected,
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(d) the persons and authorities to which the information may
be disclosed,
(e) that the collection of the information is authorised by this
Regulation,
(f) that the driver has the rights of reasonable access to, and of
correction of, any personal information collected and how
those rights may be exercised,
(g) the name and address of the service provider,
(h) the driver's obligation under this Regulation to report
malfunctions to the operator and how to make those
reports.
Maximum penalty: 100 penalty units.
(2) An operator must inform the driver by placing a notice containing
the information in the vehicle's driving cab in a place where it is
clearly visible.
(3) An operator must also inform the driver by including the
information in writing in any contract of employment between
the driver and the operator.
72N Use or disclosure of information by operator about driver not at
work
An operator of a vehicle must not use or disclose any intelligent
access information about a driver of the vehicle if the information
is obtained during any period when the driver is not at work for
the driver's employer (within the meaning of section 5 of the
Workplace Surveillance Act 2005).
Maximum penalty: 100 penalty units.
72O Information offences by service providers
(1) A service provider must not collect, store, use or disclose
intelligent access information otherwise than as required or
permitted by or under this Regulation or any other law.
Maximum penalty (subclause (1)):
(a) first offence--100 penalty units, or
(b) subsequent offence--200 penalty units.
(2) A service provider must take reasonable steps to ensure that the
intelligent access information it collects:
(a) is necessary for, or is directly related to, the purpose for
which it is collected, or a directly related purpose, and
(b) is not excessive for that purpose, and
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(c) is accurate, up-to-date, complete and not misleading.
Maximum penalty (subclause (2)): 50 penalty units.
(3) A service provider must keep:
(a) a copy of a non-compliance report made under this Part,
and
(b) the data relied on to generate the report,
for at least 4 years after the report is made by the service provider.
(4) A service provider must take reasonable steps to destroy
intelligent access information, other than information referred to
in subclause (3), not later than one year after the information is
collected.
Maximum penalty (subclauses (3) and (4)): 100 penalty units.
72P Collection, storage, use and disclosure of intelligent access
information by service providers
(1) A service provider may collect, store and use intelligent access
information for compliance purposes.
(2) A service provider may disclose intelligent access information to
the Authority, or to TCA, for compliance purposes.
(3) A service provider may disclose intelligent access information
about an operator of a vehicle to the operator but must not
disclose a non-compliance report.
(4) A service provider may disclose intelligent access information
about an operator of a vehicle (other than a non-compliance
report) to another person if:
(a) the operator consents, and
(b) the information does not identify any individual or contain
anything by which the identity of an individual can
reasonably be ascertained.
(5) A service provider may use or disclose intelligent access
information that includes personal information about a person
with the consent of the person.
72Q Information offences by TCA
(1) TCA must not collect, store, use or disclose intelligent access
information otherwise than as required or permitted by or under
this Regulation or any other law.
Maximum penalty (subclause (1)):
(a) first offence--100 penalty units, or
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(b) subsequent offence--200 penalty units.
(2) TCA must take reasonable steps to ensure that personal
information that it collects is accurate, up-to-date, complete and
not misleading.
Maximum penalty (subclause (2)): 50 penalty units.
72R Collection, storage, use and disclosure of intelligent access
information by TCA
(1) TCA may collect, store, use and disclose intelligent access
information for the performance of its functions and for
compliance purposes.
(2) TCA may disclose intelligent access information about an
operator of a vehicle to the operator but must not disclose a
non-compliance report.
(3) TCA may use or disclose intelligent access information about the
operator of a vehicle (other than a non-compliance report) for any
purpose if:
(a) the operator consents, and
(b) the information does not identify any individual or contain
anything by which the identity of any individual can
reasonably be ascertained.
(4) TCA may disclose intelligent access information relating to an
operator of a vehicle to an auditor or the Authority.
(5) TCA may use or disclose intelligent access information that
includes personal information about a person with the consent of
the person.
(6) TCA may use or disclose intelligent access information for
research purposes, but only if the information contains no
personal information or with the consent of any person about
whom the information includes personal information.
(7) TCA must not disclose information relating to a breach of a
service provider's obligations, other than to the Authority or an
auditor.
72S Information offences by auditors
(1) An auditor must not collect, store, use or disclose intelligent
access information otherwise than as required or permitted by or
under this Regulation or any other law.
Maximum penalty (subclause (1)):
(a) first offence--100 penalty units, or
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(b) subsequent offence--200 penalty units.
(2) An auditor must take reasonable steps to ensure that intelligent
access information it collects:
(a) is necessary for, or is directly related to, the purpose for
which it is collected, or a directly related purpose, and
(b) is not excessive for that purpose, and
(c) is accurate, up-to-date, complete and not misleading.
Maximum penalty (subclause (2)): 50 penalty units.
72T Auditors' powers to collect, store, use and disclose intelligent
access information
(1) An auditor may collect, store, use and disclose intelligent access
information for the following purposes:
(a) the performance of functions under this Part,
(b) to report a breach of a concession or a suspected tampering
offence to the Authority or TCA,
(c) to report to TCA a failure by a service provider to comply
with its obligations under this Part.
(2) An auditor may collect intelligent access information that is
reasonably necessary to enable the auditor to carry out and report
on an intelligent access audit of a service provider.
(3) An auditor must not use or disclose information relating to an
operator of a vehicle, other than to the operator, TCA or the
Authority.
(4) An auditor must not disclose information relating to a breach of
a concession or a tampering offence, other than to the Authority
or TCA.
(5) An auditor may use or disclose intelligent access information
with the consent of any person about whom the information
includes personal information.
72U Obligations of TCA and auditors as to accuracy and other matters
in relation to use or disclosure
TCA or an auditor must not use or disclose intelligent access
information unless it first takes reasonable steps to ensure that,
having regard to the purpose for which the information is to be
used or disclosed, the information is accurate, up-to-date,
complete and not misleading.
Maximum penalty: 50 penalty units.
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72V Obligations of service providers, TCA and auditors to keep
information secure
(1) A service provider, TCA or an auditor must take reasonable steps
to protect intelligent access information collected by it against
unauthorised access, unauthorised use, misuse, loss, modification
or unauthorised disclosure.
(2) TCA or an auditor must take reasonable steps to destroy
intelligent access information after one year unless the
information is required as evidence in court proceedings.
(3) TCA or an auditor may comply with subclause (1) by
permanently removing anything by which an individual can be
identified from the intelligent access information it holds.
(4) TCA or an auditor must not fail to comply with this clause.
Maximum penalty: 50 penalty units.
72W Information management policies and disclosure to individuals by
service providers and TCA
(1) Each service provider and TCA must prepare, and make publicly
available, a policy on the management of information by the
service provider or TCA.
(2) On a request by an individual, a service provider, TCA or an
auditor must take reasonable steps to inform the individual of the
following:
(a) the kinds of information held about the individual,
(b) the purpose for which the information is held,
(c) the way in which the information is collected, held, used
and disclosed,
(d) the persons and authorities to whom or to which the
information may be disclosed,
(e) the individual's rights of reasonable access to, and
correction of, the information,
(f) how to exercise those rights.
(3) On a request by an individual, a service provider, TCA or an
auditor must give the individual access to personal information
held about the individual by the service provider, TCA or the
auditor and must do so without undue delay or cost.
Maximum penalty (subclauses (1), (2) and (3)): 10 penalty units.
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(4) Nothing in this clause requires a service provider to inform an
individual that a non-compliance report or a report about a
tampering offence has been made about the individual or to give
the individual access to any such report.
72X Records of collection, use and disclosure of information by
service providers, TCA and auditors
(1) A service provider, TCA or an auditor must make a record of
intelligent access information it uses or discloses, containing the
following:
(a) the name of the person who used or disclosed the
information,
(b) the date of the disclosure or use,
(c) in the case of a disclosure, the person or body to whom or
to which the information was disclosed,
(d) in the case of the use of information, a brief description of
how the information was used,
(e) what provision of this Regulation or what other law
permitted the use or disclosure,
(f) a copy of any document authorising the use or disclosure.
(2) The service provider, TCA or the auditor must:
(a) make the record within 5 business days after the relevant
use or disclosure, and
(b) make the record in a form that allows it to be readily
inspected, and
(c) retain the record for 2 years.
(3) A service provider must keep a record, in a form approved by
TCA, of intelligent access information that it collects.
(4) A service provider, TCA or an auditor must not fail to comply
with this clause.
Maximum penalty:
(a) first offence--100 penalty units, or
(b) subsequent offence--200 penalty units.
72Y Correction of personal information
(1) An individual may request a service provider, TCA or an auditor
to make appropriate alterations to personal information about the
individual held by the service provider, TCA or the auditor.
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(2) If so requested, the service provider, TCA or the auditor must
make appropriate alterations to ensure that the information is
accurate, up-to-date, complete and not misleading.
(3) If the service provider, TCA or the auditor considers that the
information is not inaccurate, out-of-date, incomplete or
misleading, it may refuse to comply with the request and must:
(a) give the individual a statement in writing of its reasons for
refusing, and
(b) if the individual so requests, attach to, or include with, the
information a statement by him or her.
(4) An individual whose request is refused under this clause may
apply for a review of the decision to:
(a) in the case of a decision by a service provider or an
auditor--TCA, or
(b) in the case of a decision by TCA--the Authority.
(5) On a review, TCA or the Authority may direct the original
decision-maker to make specified alterations to the information.
(6) A service provider, TCA or an auditor must not fail to comply
with a direction given to the service provider, TCA or auditor
under subclause (5).
Maximum penalty (subclauses (2), (3) and (6)): 50 penalty units.
Division 5 General
72Z Application of Workplace Surveillance Act 2005
Section 18 of the Workplace Surveillance Act 2005 applies to the
use or disclosure of intelligent transport systems for the purposes
of this Part, but does not prevent the collection, storage, use or
disclosure of information in accordance with this Part.
72ZA Records to be kept
(1) TCA must keep and retain records, in accordance with this
clause, of its transactions with the Authority, service providers
and auditors.
(2) TCA must keep:
(a) a non-compliance record or a report made under clause
72G for at least 4 years after receiving it, and
(b) any other record referred to in subclause (1) for at least one
year after it is made.
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(3) An auditor must keep and retain records of its transactions with
service providers and TCA.
(4) An auditor must keep the record for at least one year after it is
made.
(5) TCA or an auditor must not fail to comply with this clause.
Maximum penalty: 5 penalty units.
(6) This clause has effect despite any other provision of this Part.
72ZB Intelligent access audits
(1) An auditor may carry out an intelligent access audit.
(2) A service provider must not fail to give an auditor access to any
record kept by the service provider for the purposes of this Part,
if required to do so by the auditor for the purposes of an
intelligent access audit.
Maximum penalty: 5 penalty units.
(3) For the purposes of this Part, an intelligent access audit is the
process of:
(a) reviewing intelligent access information held by a service
provider to determine its completeness and reliability, and
(b) reviewing the processes by which that information was
collected, and
(c) examining how it is stored, used and disclosed, and
(d) examining intelligent access system equipment installed in
or in relation to a vehicle or used by a service provider, and
(e) reporting to TCA on any such review or examination.
72ZC Certificate evidence by Authority of matters relating to
concessions and intelligent access information and other matters
(1) A certificate purporting to have been issued by the Authority, and
stating any of the following, is admissible in any proceedings and
is prima facie evidence of the matter stated in it:
(a) that a specified person, vehicle or combination was or was
not subject to a specified intelligent access condition at a
specified time or during a specified period,
(b) that a specified person was or was not the operator of a
specified vehicle or combination at a specified time or
during a specified period,
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(c) that a specified non-compliance report, report of
tampering or auditor's report has been received, or was
received at a specified time or during a specified period, by
the Authority in relation to an intelligent transport system
fitted to or in relation to a vehicle to which a specified
concession applied, or has not been received,
(d) that a report of a specified malfunction was received by a
specified person at a specified time or during a specified
period, or has not been received,
(e) that no report of a malfunction has been received, or had
been received at a specified time, by the Authority in
relation to an intelligent transport system fitted to or in
relation to a specified vehicle,
(f) that a specified form has been approved in accordance with
this Part for a specified purpose,
(g) that a specified mathematical (including statistical)
procedure was carried out in relation to intelligent access
information specified or referred to in the certificate and
the results of doing so.
(2) A procedure referred to in a certificate referred to in subclause
(1) (g) is presumed (unless evidence sufficient to raise a doubt
about the presumption is adduced) to be valid and reliable for the
purpose for which it was used and to have been carried out
correctly.
72ZD Certificate evidence by TCA
(1) A certificate purporting to have been issued by TCA, and stating
that a particular map is the intelligent access map as issued by
TCA at a specified time or during a specified period, is
admissible in any proceedings and is conclusive evidence of the
matter stated in it.
(2) The map referred to in a certificate under subclause (1) may be in
the form of an electronic data file.
(3) A certificate purporting to have been issued by TCA, and stating
the following, is admissible in any proceedings and is prima facie
evidence of the matter stated in it:
(a) that a particular intelligent transport system is or is not, or
was or was not at a specified time or during a specified
period, an intelligent transport system certified by TCA for
the purposes of this Part,
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(b) that at a specified time or during a specified period a
specified person was or was not a service provider certified
by TCA or an auditor appointed by TCA for the purposes
of this Part.
72ZE Evidentiary presumptions
(1) The intelligent access map, as issued by TCA at a specified time
or during a specified period, is presumed (unless evidence
sufficient to raise doubt about the presumption is adduced) to be
a correct representation of the national road network at the time
of its issue.
(2) The equipment and software that make up an intelligent access
system is presumed (unless evidence sufficient to raise doubt
about the presumption is adduced) to have operated correctly on
any particular occasion.
(3) A statement of a vehicle's position on the surface of the earth at
a particular time, in a non-compliance report or otherwise
generated or produced by means of an intelligent access system
is presumed (unless evidence sufficient to raise doubt about the
presumption is adduced) to be a correct statement of the vehicle's
position at the time.
(4) It is presumed (unless evidence sufficient to raise doubt about the
presumption is adduced):
(a) that intelligent access information generated by an
intelligent access system is correctly generated, and
(b) that intelligent access information generated by an
intelligent access system is correctly recorded, and
(c) that intelligent access information generated by an
intelligent access system is not changed by being stored.
(5) If it is established that some intelligent access information has
been changed by being stored, the presumption in subclause
(4) (c) continues to apply to any other stored intelligent access
information.
72ZF Evidentiary matters relating to reports
(1) This clause applies to the following reports:
(a) a non-compliance report,
(b) a report made in accordance with this Part by a service
provider as to a suspected tampering offence,
(c) a report made by an intelligent access system setting out
intelligent access information.
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(2) A report:
(a) is admissible in evidence, and
(b) is prima facie evidence of the facts stated in it, and
(c) is presumed (unless evidence sufficient to raise doubt
about the presumption is adduced) to be a correct report of
information generated and recorded by the intelligent
access system concerned.
(3) If it is established that a part of such a report is not a correct report
of the relevant part of the intelligent access information as so
recorded, the presumption in subclause (2) (c) continues to apply
to the remainder of the report.
[9] Dictionary
Insert in alphabetical order:
the Act means the Road Transport (General) Act 2005.
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