86Exchange of information

#### 86 Exchange of information 86 Exchange of information > > (1) The Secretary 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 Secretary or the agency. > > > (2) The information to which an information sharing arrangement may relate is limited to the following— > > > > > (a) information concerning investigations into and assessments of the safety of building products, > > > > > (b) any other information about building products and the use of building products in buildings relevant to the administration of this Act, > > > > > (c) any other information of a type prescribed by the regulations. > > > (3) Under an information sharing arrangement, the Secretary and the relevant agency are, despite any other Act or law of the State, authorised— > > > > > (a) to request and receive information held by the other party to the arrangement, to the extent that the information is reasonably necessary to the exercise of the Secretary’s functions under this Act, the administration or execution of this Act or to protect the safety of a person or property, and > > > > > (b) to disclose information to the other party, to the extent that the information is reasonably necessary to the exercise of the other party’s functions or to prevent or eliminate a safety risk that may arise from the use of a building product in a building. > > > (4) The Secretary may also (whether as part of an information sharing arrangement or otherwise)— > > > > > (a) refer any matter with respect to building products or the use of building products to a relevant agency, and > > > > > (b) receive any such matter from a relevant agency, and > > > > > (c) conduct a joint investigation into any such matter with a relevant agency. > > > (5) Any such relevant agency is, despite any other Act or law of the State, authorised to refer such a matter to the Secretary or to conduct an investigation into the matter jointly with the Secretary. > > > (6) This section does not— > > > > > (a) limit the functions that may be exercised by the Secretary under other provisions of this Act, or > > > > > (b) require the Secretary to provide information to a relevant agency only in accordance with an information sharing arrangement where that information can otherwise be lawfully provided, or > > > > > (c) limit the operation of any other Act or law under which a relevant agency is authorised or required to disclose information to another person or body. > > > (7) In this section— > > > > information includes reports, recommendations, opinions, assessments and operational plans. > > > > law enforcement agency means— > > > > > (a) the NSW Police Force or the police force of another State or Territory or of an overseas jurisdiction, or > > > > > (b) the Australian Federal Police, or > > > > > (c) the New South Wales Crime Commission, or > > > > > (d) the Australian Crime Commission, or > > > > > (e) 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) an agency of the State, or of the Commonwealth, another State or Territory or an overseas jurisdiction, that exercises functions under an enactment with respect to fair trading or consumer protection, or > > > > > (b) an agency of the State, or of the Commonwealth, another State or Territory or an overseas jurisdiction, that exercises functions under an enactment with respect to residential building work (within the meaning of the [Home Building Act 1989](/view/html/inforce/current/act-1989-147)) or plumbing and drainage work (within the meaning of the [Plumbing and Drainage Act 2011](/view/html/inforce/current/act-2011-059)), or > > > > > (c) a council, or > > > > > (d) a law enforcement agency, or > > > > > (e) any other agency of the State or of the Commonwealth, another State or Territory or an overseas jurisdiction, or > > > > > (f) any other person or body that exercises functions, in the public interest, that involve protecting the interests of consumers, or > > > > > (g) any other person or body prescribed by the regulations.