RAIL SAFETY NATIONAL LAW APPLICATION ACT 2013 (NO. 22 OF 2013) - SECT 36 Provision of information and assistance by the previous regulator to the new regulator

RAIL SAFETY NATIONAL LAW APPLICATION ACT 2013 (NO. 22 OF 2013) - SECT 36

    (1)     On and after a declaration day, the previous regulator is authorised, on the regulator's own initiative or at the request of the new regulator—

        (a)     to provide the new regulator with such information (including information given in confidence) in the possession or control of the previous regulator that is reasonably required by the new regulator for the purposes of the Rail Safety National Law (Victoria) and this Act; and

        (b)     to provide the new regulator with such other assistance as is reasonably required by the new regulator to perform a function or duty, or exercise a power, conferred or imposed under the Rail Safety National Law (Victoria) and this Act.

    (2)     Nothing done, or authorised to be done, by the previous regulator in acting under subsection (1)—

        (a)     constitutes a breach of, or default under, an Act or other law; or

        (b)     constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or

        (c)     constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom) or in any other way; or

        (d)     constitutes a civil or criminal wrong; or

        (e)     terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or

        (f)     releases a surety or any other obligee wholly or in part from an obligation.

    (3)     This section applies despite any other Act or law (other than the Charter of Human Rights and Responsibilities Act 2006 ).