New South Wales Consolidated Acts
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CRIMES (CRIMINAL ORGANISATIONS CONTROL) ACT 2009 - SECT 30A
Provision of information relating to criminal organisations
30A Provision of information relating to criminal organisations
(1) In this section:
"authorisation" includes the licensing, registration, approval, certification
or any other form of authorisation of a person required by or under
legislation for the carrying on of an occupation or activity.
"occupation" means an occupation, trade, profession or calling of any kind
that may only be carried on by a person holding an authorisation.
"regulatory authority" means the person or body having the function conferred
by legislation of authorising persons in connection with the carrying on of an
occupation or activity.
"regulatory legislation" means the legislation requiring the authorisation of
persons in connection with the carrying on of an occupation or activity.
(2)
A regulatory authority and the Commissioner may enter into arrangements for
the supply to the regulatory authority of information that is contained in the
records of the NSW Police Force and concerns: (a) any organisation that is a
declared organisation, and
(b) any controlled member of that organisation who
is an applicant for, or holder of, an authorisation under the
regulatory legislation, and
(c) any person who is an applicant for, or holder
of, an authorisation under the regulatory legislation and who is a member, or
associates with any member, of that organisation,
and that is reasonably
necessary for the proper exercise of any function of the regulatory authority
relating to authorisations and disciplinary proceedings under the
regulatory legislation.
(3) Those arrangements are sufficient authority for
the supply of that information.
(4) The regulatory authority is to take steps
to maintain the confidentiality of any information provided by the
Commissioner under subsection (2) that is criminal intelligence and must not
disclose the information to any person unless authorised to do so by the
Commissioner.
(5) Nothing in this section limits or affects any other power
or duty conferred or imposed on the Commissioner or the regulatory authority
under the regulatory legislation.
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