439Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system

439 Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system

439 Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system

(1) If TCA knows, or has reasonable grounds to suspect, an approved intelligent transport system has been tampered with, TCA must not disclose the following to any entity other than the Regulator—

(a) information that TCA has that knowledge or suspicion;

(b) information from which it could reasonably be inferred that TCA has that knowledge or suspicion.

Maximum penalty—$6000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(2) For the purposes of subsection (1), TCA does not know or have reasonable grounds to suspect an approved intelligent transport system has been tampered with merely because it has—

(a) accessed a report made by the system (including a noncompliance report) indicating that apparent tampering with the system has been detected electronically; or

(b) analysed information generated by the system.

(3) If TCA has made a report of apparent or suspected tampering to the Regulator under section 438, TCA must not disclose to any entity other than the Regulator the following—

(a) information that the report has been made;

(b) information from which it could reasonably be inferred that TCA has made the report.

Maximum penalty—$6000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(4) Subsection (1) or (3) does not apply if the disclosure of the information to which the subsection applies is authorised under another law.