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Drugs Misuse Act 1986
sec.110CAExchanging information with relevant entity
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### sec.110CA Exchanging information with relevant entity
The chief executive may enter into an arrangement (an information-sharing arrangement ) with a relevant entity for the purposes of sharing or exchanging the following information—
information held by the chief executive or the relevant entity;
information to which the chief executive or the relevant entity has access.
An information-sharing arrangement under subsection (1) may relate only to—
information held by the chief executive under part 5B ; or
information that helps—
the chief executive to perform the chief executive’s functions under part 5B ; or
the relevant entity perform the entity’s functions under a law of the State, another State or the Commonwealth.
Under an information-sharing arrangement, the chief executive and the relevant entity are, despite another Act or law, authorised to—
ask for and receive information held by the other party to the arrangement or to which the other party has access; and
disclose information to the other party.
Despite subsections (1) to (3) —
the chief executive must not share or exchange, under an information-sharing arrangement, information contained in a report about a person’s criminal history; and
the chief executive or the relevant entity may use information received under an information-sharing arrangement only for the purpose for which the information was given under the arrangement.
In this section—
relevant entity means—
the commissioner of the police service; or
the chief executive of a department; or
an entity of, or representing, the Commonwealth or another State.
s 110CA ins 2024 No. 17 s 126
(sec.110CA-ssec.1) The chief executive may enter into an arrangement (an information-sharing arrangement ) with a relevant entity for the purposes of sharing or exchanging the following information— information held by the chief executive or the relevant entity; information to which the chief executive or the relevant entity has access.
(sec.110CA-ssec.2) An information-sharing arrangement under subsection (1) may relate only to— information held by the chief executive under part 5B ; or information that helps— the chief executive to perform the chief executive’s functions under part 5B ; or the relevant entity perform the entity’s functions under a law of the State, another State or the Commonwealth.
(sec.110CA-ssec.3) Under an information-sharing arrangement, the chief executive and the relevant entity are, despite another Act or law, authorised to— ask for and receive information held by the other party to the arrangement or to which the other party has access; and disclose information to the other party.
(sec.110CA-ssec.4) Despite subsections (1) to (3) — the chief executive must not share or exchange, under an information-sharing arrangement, information contained in a report about a person’s criminal history; and the chief executive or the relevant entity may use information received under an information-sharing arrangement only for the purpose for which the information was given under the arrangement.
(sec.110CA-ssec.5) In this section— relevant entity means— the commissioner of the police service; or the chief executive of a department; or an entity of, or representing, the Commonwealth or another State.
- (a) information held by the chief executive or the relevant entity;
- (b) information to which the chief executive or the relevant entity has access.
- (a) information held by the chief executive under part 5B ; or
- (b) information that helps— (i) the chief executive to perform the chief executive’s functions under part 5B ; or (ii) the relevant entity perform the entity’s functions under a law of the State, another State or the Commonwealth.
- (i) the chief executive to perform the chief executive’s functions under part 5B ; or
- (ii) the relevant entity perform the entity’s functions under a law of the State, another State or the Commonwealth.
- (i) the chief executive to perform the chief executive’s functions under part 5B ; or
- (ii) the relevant entity perform the entity’s functions under a law of the State, another State or the Commonwealth.
- (a) ask for and receive information held by the other party to the arrangement or to which the other party has access; and
- (b) disclose information to the other party.
- (a) the chief executive must not share or exchange, under an information-sharing arrangement, information contained in a report about a person’s criminal history; and
- (b) the chief executive or the relevant entity may use information received under an information-sharing arrangement only for the purpose for which the information was given under the arrangement.
- (a) the commissioner of the police service; or
- (b) the chief executive of a department; or
- (c) an entity of, or representing, the Commonwealth or another State.