266Information sharing

266 Information sharing

S. 266(1) amended by No. 34/2023 s. 22.

(1) The regulator may enter into an arrangement (an information sharing arrangement) with a relevant agency for the purposes of sharing or exchanging information, including sensitive information, held by the regulator and the relevant agency.

(2) The information to which an information sharing arrangement may relate is limited to the following—

(a) information concerning investigations, inquiries, law enforcement, assessment of complaints or any registration or accreditation matters;

(b) probity assessments and reference checks concerning persons who provide, or propose to provide, commercial passenger vehicle services;

(c) any other information affecting the interests of users of commercial passenger vehicle services;

(d) information relating to the administration and enforcement of Part 11;

(e) any other information of a prescribed kind.

(3) Under an information sharing arrangement, the regulator and the relevant agency are authorised—

(a) to request and receive information held by the other party to the arrangement; and

(b) to disclose information to the other party.

(4) The regulator and the relevant agency may only do a thing authorised under subsection (3)(a) or (b) to the extent that the information is reasonably necessary to assist—

(a) the regulator in the exercise of functions under this Act or the Transport Integration Act 2010; or

(b) the relevant agency concerned in the exercise of the agency's functions.

(5) Without limiting subsections (3) and (4), the regulator may also (whether as part of an information sharing arrangement or otherwise)—

(a) refer to a commercial passenger vehicle agency or law enforcement agency any matter (including any complaint) with respect to the commercial passenger vehicle industry or that affects the interests of users of commercial passenger vehicle services; or

(b) receive any matter of a type described in paragraph (a) from a commercial passenger vehicle agency or law enforcement agency; or

(c) conduct a joint investigation into any such matter with a commercial passenger vehicle agency or law enforcement agency.

(6) This section does not limit—

(a) the powers of the regulator under this Act or the Transport Integration Act 2010; or

(b) the operation of section 267; or

(c) the operation of any other Act under which a relevant agency is authorised or required to disclose information to another person or body; or