(i) in the exercise of a function under this Law; or
(ii) where use of the information is required or authorised under this Law (whether explicitly or by implication); or
(b) use by a public authority or law enforcement agency—
(i) for the administration or enforcement of a law or the exercise of another function of the authority or agency, including, for example, investigating a contravention or suspected contravention of a law; or
(ii) if a law authorises, requires or permits the disclosure of the information to, and the use of the information by, the authority or agency; or
(c) use by a court or tribunal in a proceeding under an Australian road law; or
(d) use by a court or tribunal if an order of the court or tribunal requires the disclosure of the information to the court or tribunal; or
(e) an activity associated with preventing or minimising—
(i) a risk of danger to the life of a person; or
(ii) a risk of serious harm to the health of a person; or
(iii) a risk to public safety; or
(f) a use authorised by the person to whom the information relates; or
(g) research purposes if the information contains no personal information; or
(h) use by an entity (whether public or private) in connection with road tolls; or
(i) use by an entity (whether public or private) in connection with the administration of third party insurance legislation; or
(j) use by an entity (whether public or private) for the purpose of determining the registration status of a heavy vehicle; or
(k) a use required or authorised under a relevant law of a participating jurisdiction; or
(l) a use prescribed by the national regulations; or
Section 727 - Heavy Vehicle National Law (NSW) - Definitions for Pt 13.4 | Zoe
(m) a use referred to in subsection (2).
driver fatigue compliance function means a function exercised for the purpose of—
(a) the administration or enforcement of a driver fatigue provision; or
(b) education, evaluation and similar activities supporting administration or enforcement of a driver fatigue provision.
driver fatigue provision means any of the following—
(aa) Chapter 1A to the extent the Chapter relates to driver fatigue;
(a) Chapter 6;
(b) Chapter 8 to the extent the Chapter relates to BFM accreditation or AFM accreditation;
(c) Division 8 of Part 9.3;
(d) Chapter 9, other than Division 8 of Part 9.3, to the extent the Chapter applies to the enforcement of provisions mentioned in paragraphs (aa), (a) and (b).
electronic work diary authorised use, for electronic work diary protected information, means—
(a) use by a person—
(i) in the exercise of a driver fatigue compliance function; or
(ii) not in the exercise of a driver fatigue compliance function but authorised under a warrant mentioned in section 729B; or
(b) use by a person in the exercise of a function under another law if a warrant issued by a judge or magistrate under the other law or a different law authorises or permits the use of the information by the person; or
(c) use by a court or tribunal in a proceeding under an Australian road law; or
(d) use by a court or tribunal if an order of the court or tribunal requires the disclosure of the information to the court or tribunal; or
(e) research purposes if the information contains no personal information; or
(f) use prescribed by the national regulations; or
(g) use referred to in subsection (3).
electronic work diary information means information generated, recorded, stored, displayed, analysed, transmitted or reported by an approved electronic recording system that constitutes an electronic work diary, or of which an electronic work diary is a part.
electronic work diary protected information—
(a) means electronic work diary information; but
(b) does not include the following—
(i) information obtained, collected or recorded other than for the purposes of Chapter 1A to the extent the Chapter relates to driver fatigue or Chapter 6 (the driver fatigue purposes), even if the information is—
(A) coincidentally relevant for a driver fatigue purpose; and
(B) recorded in an electronic work diary; or
(ii) information relating to proceedings before a relevant tribunal or court that are or were open to the public.
police agency means a police force or police service (however called) of a participating jurisdiction, and includes an entity prescribed by the Application Act of this jurisdiction as an entity included in this definition.
protected information—
(a) means information obtained in the course of administering this Law or because of an opportunity provided by involvement in administering this Law; but
(b) does not include—
(i) intelligent access program information; or
Note—
See Chapter 7 for the restrictions on the use and disclosure of intelligent access program information.
(ii) information mentioned in paragraph (a) in a form that does not identify a person; or
(iii) information relating to proceedings before a relevant tribunal or court that are or were open to the public; or
(iv) electronic work diary protected information.
relevant law, of a participating jurisdiction, means a law specified for this definition in a law of the jurisdiction.
(2) It is also an authorised use, for protected information disclosed to or otherwise held by a police agency for any purpose or for a particular purpose, to disclose the information to another police agency authorised to hold protected information (whether or not for the same purpose).
(3) It is also an authorised use, for electronic work diary protected information disclosed to or otherwise held by a police agency for the purpose of the exercise of a driver fatigue compliance function, to disclose the information to another police agency authorised to hold electronic work diary protected information for the purpose of the exercise of a driver fatigue compliance function.
(4) To remove any doubt, it is declared that a reference in this Part to the disclosure of protected information or electronic work diary protected information to an entity includes a reference to the disclosure of the information to a duly authorised employee or agent of the entity.
s 727: Am 2015 No 12, sec 60; 2016 No 65, sec 139; 2018 No 18, sec 33.