New South Wales Consolidated Acts

FAIR TRADING ACT 1987 - SECT 9A

9A Exchange of information

(1) The Director-General may enter into, or approve of, an arrangement (an "information sharing arrangement") with a relevant agency for the purposes of sharing or exchanging information held by the Director-General and the agency.

(2) The information to which an information sharing arrangement may relate is limited to the following:

(a) information concerning investigations, law enforcement, assessment of complaints, licensing or disciplinary matters,

(b) probity assessments and reference checks concerning persons who provide, or propose to provide, goods or services to consumers,

(c) any other information affecting the interests of consumers,

(d) any other information of a type prescribed by the regulations.

(3) Under an information sharing arrangement, the Director-General and the relevant agency are, despite any other Act or law of the State, authorised:

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

(b) to disclose information to the other party,

but only to the extent that the information is reasonably necessary:

(c) to assist in the exercise of functions ( "existing NSW fair trading functions") under this Act (or any other Act administered by the Minister for Fair Trading, whether solely or jointly with another Minister) or of the functions of the relevant agency concerned, or

(d) to assist in a proposed transfer of existing NSW fair trading functions to the relevant agency concerned or a proposed transfer of functions of the relevant agency concerned to the Minister, Director-General or other fair trading agency of the State.

(4) The Director-General may also (whether as part of an information sharing arrangement or otherwise):

(a) refer any matter (including any complaint) with respect to fair trading or that affects the interests of consumers to a fair trading agency or law enforcement agency, and

(b) receive any such matter from a fair trading agency or law enforcement agency, and

(c) conduct a joint investigation into any such matter with a fair trading agency or law enforcement agency.

(5) Any such fair trading agency or law enforcement agency is, despite any other Act or law of the State, authorised to refer such a matter to the Director-General or to conduct an investigation into the matter jointly with the Director-General.

(6) This section does not:

(a) limit the functions that may be exercised by the Director-General under section 9, or

(b) require the Director-General to provide information to a relevant agency only in accordance with an information sharing arrangement where that information can otherwise be lawfully provided, or

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

(7) In this section:
"fair trading agency" means an agency of the State, or of the Commonwealth, another State or Territory or an overseas jurisdiction, that exercises functions under an enactment with respect to fair trading.
"information" includes reports, recommendations, opinions, assessments and operational plans.
"law enforcement agency" means:

(a) the NSW Police Force or the police force of another State or Territory or of an overseas jurisdiction, or

(b) the Australian Federal Police, or

(c) the New South Wales Crime Commission, or

(d) the Australian Crime Commission, or

(e) any other authority or person responsible for the investigation or prosecution of offences against the laws of the State or of the Commonwealth, another State or Territory or an overseas jurisdiction.

"relevant agency" means:

(a) a fair trading agency, or

(b) a law enforcement agency, or

(c) any other agency of the State or of the Commonwealth, another State or Territory or an overseas jurisdiction, or

(d) any other person or body that exercises functions, in the public interest, that involve protecting the interests of consumers.