Exchange of information between chief executive officer and other authorities
110 Exchange of information between chief executive officer and other authorities
In this section —
relevant authority means —
a Commonwealth or interstate authority or an overseas authority with the function of granting marine qualifications; and
a Commonwealth or interstate authority with functions, under a law of that jurisdiction, that correspond, or substantially correspond, to functions of the chief executive officer under this Act; and
a person prescribed, or of a class prescribed, for the purposes of this definition.
The chief executive officer may disclose the following information to a relevant authority if the chief executive officer considers that the information is required by the relevant authority for the purposes of performing its functions —
marine qualification information;
mooring information;
infringement notice information;
offence information;
vessel information;
information prescribed for the purposes of this subsection.
If information disclosed under subsection (2) includes information about an offence of which a person has been convicted or for which a person has been given an infringement notice, the chief executive officer must also disclose to the relevant authority, at the time or subsequently when the information becomes known to the chief executive officer, information about the following —
any quashing or setting aside of the conviction;
the withdrawal of the infringement notice;
the matter in relation to which the infringement notice was issued coming before a court for determination;
the registration of the infringement notice under the Fines, Penalties and Infringement Notices Enforcement Act 1994 Part 3;
the withdrawal of proceedings under the Fines, Penalties and Infringement Notices Enforcement Act 1994 Part 3 in relation to the infringement notice;
anything else concerning the offence, the disclosure of which is likely to be favourable to that person.
The chief executive officer may seek from a relevant authority any information that the chief executive officer considers is required for the purposes of performing the chief executive officer’s functions under this Act or a marine Act.
The chief executive officer may, for the purposes of performing the chief executive officer’s functions under this Act or a marine Act, use information obtained from a relevant authority.
[Section 110 inserted: No. 24 of 2023 s. 72.]
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.