DANGEROUS GOODS (ROAD AND RAIL TRANSPORT) ACT 2008 - SECT 66 Confidentiality and disclosure of information

DANGEROUS GOODS (ROAD AND RAIL TRANSPORT) ACT 2008 - SECT 66

66 Confidentiality and disclosure of information

(1) This section applies to a person engaged or previously engaged in the administration of this Act and (without limiting the foregoing) to--

(a) a person who is or was a delegate of a Competent Authority, or

(b) a person who is or was employed by, or engaged to provide services to or on behalf of, a Competent Authority, or

(c) a person who is or was employed by, or engaged to provide services to, a person or body engaged to provide services to a Competent Authority.

(2) Except as provided by this section, a person to whom this section applies must not disclose any information obtained by the person in connection with the administration or execution of this Act, unless the disclosure is made--

(a) as required or authorised by or under this or any other Act, or

(b) with the consent of the person from whom the information was obtained, or

(c) in connection with the administration or execution of this Act, or

(d) to another Competent Authority or an authorised officer, or

(e) to a prescribed public authority of any jurisdiction, or

(f) to a public authority of any jurisdiction for law enforcement purposes, or

(g) to a court or in connection with any legal proceedings, or

(h) in accordance with the regulations.

: Maximum penalty--5 penalty units.

(3) A person to whom information has been disclosed under subsection (2) for a purpose must not use that information for any other purpose.

: Maximum penalty--5 penalty units.

(4) A Competent Authority may, for law enforcement purposes, give a record, device or other thing seized in accordance with this Part, or any information obtained in accordance with this Part, to a public authority, including a public authority of another jurisdiction.

(5) A Competent Authority may communicate any information concerning the location, type and quantity of dangerous goods, which comes to its knowledge in the exercise of its functions under this Act, to any person or authority requiring the information to provide an emergency or rescue service or some other lawful service.

(6) Nothing in this section prevents a Competent Authority providing information to a corresponding authority about--

(a) any action taken by the Competent 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.

(7) Nothing in this section prevents information from being used to enable the Competent Authority to accumulate aggregate data and to enable it to authorise use of the aggregate data for the purposes of research or education.

(8) Nothing in this section authorises or permits the disclosure of information that is a train safety recording (within the meaning of Division 10 of Part 3 of the Rail Safety National Law (NSW) ) or information from a train safety recording.