60EInformation sharing arrangements

60E Information sharing arrangements (1) The Commission 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 Commission and the relevant agency. (2) The information to which an information sharing arrangement may relate is limited to the following— (a) information obtained under section 37 and any other information concerning investigations, law enforcement, assessment of complaints, licensing or disciplinary matters; (b) any other information affecting the interests of consumers of goods and services in regulated industries; (c) any other information of a prescribed kind. (3) Under an information sharing arrangement, the Commission 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 Commission may only do a thing authorised under subsection (2)(a) or (b) to the extent that the information is reasonably necessary to assist in the exercise of functions under this Act or relevant legislation or the functions of the relevant agency concerned. (5) Without limiting subsection (3), the Commission may also (whether as part of an information sharing arrangement or otherwise)— (a) refer any matter (including any complaint) with respect to fair trading, or that affects the interests of consumers, to a fair trading agency or law enforcement agency; or (b) receive any matter of a type described in paragraph (a) from a fair trading agency or law enforcement agency; or (c) conduct a joint investigation into any such matter with a fair trading agency or law enforcement agency. (6) Any fair trading agency or law enforcement agency referred to in subsection (5) is, despite any other Act or law of the State, authorised to refer a matter referred to in subsection (5) to the Commission or to conduct an investigation into the matter jointly with the Commission. (7) Despite subsection (3), the Commission must not share information under this section— (a) which must not be disclosed under section 60C; or (b) which is obtained— (i) under section 36(1); or (ii) under section 39K; or (iii) under section 51 before its expiry under section 47 on 31 December 2007; or Part 6 of the **Essential Services Commission Act 2001**, as originally enacted, included sections 47 and 51. Section 47, as amended by section 26 of the **Energy Legislation (Amendment) Act 2004**, provided for the expiry of Part 6 on 31 December 2007. (iv) under section 23A of the **Electricity Industry Act 2000**; or (v) under section 33 of the **Gas Industry Act 2001**; or (vi) under section 56 of the **Port Management Act 1995**; or (vii) under section 185E(5)(b) of the **Local Government Act 1989**; or (viii) under section 60 of the **Victorian Energy Efficiency Target Act 2007**; or (ix) under section 85 of the **Victorian Renewable Energy Act 2006**; or (x) under section 212E of the **Accident Towing Services Act 2007**; or S. 60E(7)(b)(xi) repealed by No. 6/2024 s. 29(a). S. 60E(7)(c) inserted by No. 6/2024 s. 29(b). (c) which was obtained under section 4G of the **Water Industry Act 1994** as in force immediately before the repeal of that section. (8) This section does not limit— (a) the powers of the Commission under Part 4 or 4B; or (b) the operation of any other Act under which a relevant agency is authorised or required to disclose information to another person or body; or (c) the giving of information— (i) to a court or tribunal in the course of a legal proceeding; or (ii) pursuant to an order of a court or tribunal; or (iii) to the extent reasonably required to enable the investigation or enforcement of a law of the State, another State or a Territory, or the Commonwealth; or (iv) with the written authority of the person to whom the information relates. (9) In this section— ***essential services regulator*** means an agency of any of the following that has functions or powers that correspond, whether wholly or partly, to the functions or powers of the Commission, in relation to an industry that corresponds to a regulated industry— (a) the State; (b) another State or a Territory; (c) the Commonwealth; (d) an overseas jurisdiction; ***fair trading agency*** means an agency of any of the following that exercises functions under an enactment with respect to fair trading— (a) the State; (b) another State or a Territory; (c) the Commonwealth; (d) an overseas jurisdiction; ***law enforcement agency*** means— (a) Victoria Police or the police force or police service of another State or a Territory or of an overseas jurisdiction; or (b) the Australian Federal Police; or (c) the Australian Criminal Intelligence Commission; or (d) any other authority or person responsible for the investigation or prosecution of offences against the laws of— (i) the State; or (ii) another State or a Territory; or (iii) the Commonwealth; or (iv) an overseas jurisdiction; ***relevant agency*** means— (a) a fair trading agency; or (b) an essential services regulator; or (c) a law enforcement agency; or (d) a prescribed person or body.