Agreements for performance of functions
11 Agreements for performance of functions
The CEO may enter into an agreement providing for the CEO’s functions under a road law that are described in the agreement to be performed on behalf of the CEO.
The agreement may be with the Commissioner of Police, a local government, or any other person or body, whether or not the person or body has itself functions of a public nature.
A function described in the agreement may be performed —
in accordance with the agreement; and
on and subject to terms and conditions in the agreement.
If the performance of a function is dependent upon the opinion, belief, or state of mind of the CEO it may be performed under the agreement upon the opinion, belief, or state of mind of the body or person with whom the agreement is made or another person provided for in the agreement.
The CEO may disclose the following to the body or person with whom the agreement is made if the CEO considers that the disclosure is required for the purposes of performing a function under the agreement —
driver’s licence information;
permit information;
vehicle licence information;
optional plates information;
information obtained by the CEO under the Road Traffic Act 1974 Part 6A;
demerit points information;
instructor information;
photographs and signatures provided to the CEO under the Road Traffic (Authorisation to Drive) Act 2008 Part 2.
For the purposes of this Act or any other written law, an act or thing done by, to, by reference to, or in relation to, a body or person in connection with the performance by that body or person under the agreement of a function of the CEO is as effectual as if it had been done by, to, by reference to or in relation to, the CEO.
[Section 11 amended: No. 18 of 2011 s. 18; No. 8 of 2012 s. 210; No. 38 of 2020 s. 8; No. 8 of 2022 s. 5.]
This Act’s bill:Explanatory memorandumSecond reading speech
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