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Part 6 of the Essential Services Commission Act 2001, as originally enacted, included sections 47 and 51.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 , provided for the expiry of Part 6 on 31 December 2007.