(i) in the exercise of a function under this Law; or
(ii) where use of the
information is required or authorised under this Law (whether explicitly or by
implication); or
(b) use by a public authority or law enforcement agency--
(i) for the administration or enforcement of a law or the exercise of another
function of the authority or agency, including, for example, investigating a
contravention or suspected contravention of a law; or
(ii) if a law
authorises, requires or permits the disclosure of the information to, and the
use of the information by, the authority or agency; or
(c) use by a court or
tribunal in a proceeding under an Australian road law; or
(d) use by a court
or tribunal if an order of the court or tribunal requires the disclosure of
the information to the court or tribunal; or
(e) an activity associated with
preventing or minimising--
(i) a risk of danger to the life of a person; or
(ii) a risk of serious harm to the health of a person; or
(iii) a risk to
public safety; or
(f) a use authorised by the person to whom the information
relates; or
(g) research purposes if the information contains no personal
information; or
(h) use by an entity (whether public or private) in
connection with road tolls; or
(i) use by an entity (whether public or
private) in connection with the administration of third party insurance
legislation; or
(j) use by an entity (whether public or private) for the
purpose of determining the registration status of a heavy vehicle; or
(k) a
use required or authorised under a relevant law of a participating
jurisdiction; or
(l) a use prescribed by the national regulations; or
(m) a
use referred to in subsection (2).
"driver fatigue compliance function" means a function exercised for the
purpose of--
(b) education, evaluation and similar activities
supporting administration or enforcement of a driver fatigue provision.
"driver fatigue provision" means any of the following--
(aa) Chapter 1A to the
extent the Chapter relates to driver fatigue;
(a) Chapter 6;
(b) Chapter 8
to the extent the Chapter relates to BFM accreditation or AFM accreditation;
(c) Division 8 of Part 9.3;
(d) Chapter 9, other than Division 8 of Part 9.3,
to the extent the Chapter applies to the enforcement of provisions mentioned
in paragraphs (aa), (a) and (b).
(b) use by a person in the exercise of
a function under another law if a warrant issued by a judge or magistrate
under the other law or a different law authorises or permits the use of the
information by the person; or
(c) use by a court or tribunal in a proceeding
under an Australian road law; or
(d) use by a court or tribunal if an order
of the court or tribunal requires the disclosure of the information to the
court or tribunal; or
(e) research purposes if the information contains no
personal information; or
(f) use prescribed by the national regulations; or
(g) use referred to in subsection (3).
"electronic work diary information" means information generated, recorded,
stored, displayed, analysed, transmitted or reported by an approved electronic
recording system that constitutes an electronic work diary, or of which an
electronic work diary is a part.
(i) information obtained, collected or recorded other than for the purposes of
Chapter 1A to the extent the Chapter relates to driver fatigue or Chapter 6
(the
"driver fatigue purposes" ), even if the information is--
(A) coincidentally
relevant for a driver fatigue purpose; and
(B) recorded in an electronic work
diary; or
(ii) information relating to proceedings before a relevant tribunal
or court that are or were open to the public.
"police agency" means a police force or police service (however called) of a
participating jurisdiction, and includes an entity prescribed by the
Application Act of this jurisdiction as an entity included in this definition.
"protected information" --
(a) means information obtained in the course of
administering this Law or because of an opportunity provided by involvement in
administering this Law; but
(b) does not include--
(i) intelligent access
program information; or
Note--: See Chapter 7 for the restrictions on the use
and disclosure of intelligent access program information.
(ii) information
mentioned in paragraph (a) in a form that does not identify a person; or
(iii) information relating to proceedings before a relevant tribunal or court
that are or were open to the public; or
(4)
To remove any doubt, it is declared that a reference in this Part to the
disclosure of protected information or
electronic work diary protected information to an entity includes a reference
to the disclosure of the information to a duly authorised employee or agent of
the entity.
