AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 133 Information sharing
AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 133
Information sharing(1) The Director 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 and the relevant 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 prescribed kind.
(3) Under an information sharing arrangement, the Director and the relevant agency are 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 to assist in the exercise of functions under this Act or a Consumer Act or the functions of the relevant agency concerned.
(4) Without limiting subsection (3), the Director 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;
(b) receive any matter of a type described in paragraph (a) from a fair trading agency or law enforcement agency;
(c) conduct a joint investigation into any such matter with a fair trading agency or law enforcement agency.
(5) Any fair trading agency or law enforcement agency referred to in subsection (4) is, despite any other Act or law of the State, authorised to refer a matter referred to in subsection (4) to the Director or to conduct an investigation into the matter jointly with the Director.
(6) This section does not limit—
(a) the powers of the Director under this Part; or
(b) the operation of any other Act under which a relevant agency is authorised or required to disclose information to another person or body; or
(c) the giving of information—
(i) to a court or tribunal in the course of legal proceedings; or
(ii) pursuant to an order of a court or tribunal; or
(iii) to the extent reasonably required to enable the investigation or the enforcement of a law of the State or of any other State or Territory or of the Commonwealth; or
(iv) to the Business Licensing Authority established under the Business Licensing Authority Act 1998 ; or
(v) with the written authority of the Secretary; or
(vi) with the written authority of the person to whom the information relates.
(7) In this section—
"fair trading agency" means an agency of the State, or of the Commonwealth, or of another State or Territory or of an overseas jurisdiction, that exercises functions under an enactment with respect to fair trading;
"law enforcement agency" means—
(a) the police force of Victoria or the police force of another State or Territory or of an overseas jurisdiction; or
(b) the Australian Federal Police; or
(c) the Australian Crime Commission; or
(d) 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.