Secretary may disclose certain information
90 Secretary may disclose certain information
Pt 4 Div. 3 (Heading and ss 90–91) amended[8], substituted as Pt 4 Div. 3 (Heading and s. 90) by No. 70/2016 s. 46.
S. 90 (Heading) amended by No. 49/2019 s. 186(Sch. 4 item 28.40).
S. 90 substituted by No. 70/2016 s. 46.
S. 90(1) amended by No. 49/2019 s. 186(Sch. 4 item 28.41), substituted by No. 8/2019 s. 125(1) (as amended by No. 49/2019 s. 169(2)(3)).
The Secretary or a relevant person may disclose information about a vehicle or trailer registered under Part 2 of the Road Safety Act 1986, for the purposes of this Part—
to an enforcement agency; or
to a person who is employed in the Department, or who is engaged to provide services, for the Secretary, a relevant person or an enforcement agency.
S. 90(1A) inserted by No. 8/2019 s. 125(1) (as amended by No. 49/2019 s. 169(2)(3)).
The Secretary or a relevant person may disclose information about a vehicle or trailer registered under Part 2 of the Road Safety Act 1986, for the purpose of sending a request to a responsible person for the payment of a toll or a toll administration fee—
to the relevant corporation; or
to a person who is employed by, or who is engaged to provide services for, the relevant corporation.
S. 90(1B) inserted by No. 8/2019 s. 125(1) (as amended by No. 49/2019 s. 169(2)(3)).
The Secretary or a relevant person may disclose the driver licence information of a responsible person, for the purpose of taking action for the recovery of a toll or a toll administration fee from the responsible person in accordance with arrangements that comply with the minimum debt recovery requirements—
to the relevant corporation; or
to a person who is employed by, or who is engaged to provide services for, the relevant corporation.
S. 90(2) amended by Nos 8/2019 s. 125(2), 49/2019 s. 186(Sch. 4 item 28.41(b)).
Despite section 90N of the Road Safety Act 1986, the Secretary or a relevant person may disclose the information under subsection (1) even if it has not entered into an information protection agreement under that section with the enforcement agency or the person.
S. 90(3) amended by No. 8/2019 s. 125(3).
Sections 90N and 90Q(2) and (3) of the Road Safety Act 1986 apply to a disclosure of information under subsection (1A) or (1B) as if it were a disclosure of information authorised under Part 7B of that Act.
S. 90(4) inserted by No. 8/2019 s. 125(4) (as amended by No. 49/2019 s. 169(4)).
In this section—
S. 90(4) def. of driver licence information amended by No. 18/2020 s. 138.
driver licence information means any of the following information held by the Secretary for the purpose of the Secretary's licensing functions under Part 3 of the Road Safety Act 1986—
a person's name;
a driver licence number;
a date of birth;
a telephone number;
an email address;
a residential address;
information protection agreement has the same meaning as it has in section 90I of the Road Safety Act 1986;
minimum debt recovery requirements means the requirements specified by the Minister under section 72C(1);
relevant person has the same meaning as it has in section 90I of the Road Safety Act 1986.
New s. 91 inserted by No. 18/2020 s. 139.
This Act’s bill:Second reading speech
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