Div 11Requirements about odometers

Division 11—Requirements about odometers In the Heavy Vehicle National Law set out in the Schedule to the Heavy Vehicle National Law Act 2012 of Queensland, this Division is numbered Division 9. 396—Owner must maintain odometer (1) The national regulations may require the fitting and maintenance of an odometer to a fatigue-regulated heavy vehicle. (2) An owner of a fatigue‑regulated heavy vehicle required by the national regulations to be fitted with an odometer must maintain the odometer in accordance with the requirements prescribed by the national regulations, unless the owner has a reasonable excuse. 397—Driver must report malfunctioning odometer (1) This section applies if the driver of a fatigue‑regulated heavy vehicle becomes aware or has reason to suspect an odometer fitted to the vehicle is malfunctioning or has malfunctioned. (2) The driver must inform the following persons of the matter within 2 business days: (a) each owner of the vehicle; (b) the driver's employer if the driver is an employed driver; (c) each operator of the vehicle. (3) Subsection (2) does not apply to the driver of a fatigue‑regulated heavy vehicle in relation to a malfunction of an odometer if another driver of the vehicle has complied with the subsection in relation to the malfunction. 398—What owner must do if odometer malfunctioning (1) This section applies if an owner of a fatigue‑regulated heavy vehicle is informed under section 397 of malfunctioning or suspected malfunctioning of the vehicle's odometer. (2) The owner must, as soon as reasonably practicable after being informed of the matter, ensure the odometer is examined and brought into working order. 399—What employer or operator must do if odometer malfunctioning (1) This section applies if an employer of the driver of a fatigue‑regulated heavy vehicle or an operator of a fatigue‑regulated heavy vehicle is informed under section 397 of malfunctioning or suspected malfunctioning of the vehicle's odometer. (2) The employer or operator must not, without a reasonable excuse, drive, or permit another person to drive, the fatigue‑regulated heavy vehicle unless the owner of the vehicle has complied with section 398. Chapter 7—Intelligent Access Program 400—Main purposes of Chapter 7 (1) The main purposes of this Chapter are— (a) to ensure the integrity of systems used for compliance with intelligent access program conditions; and (b) to provide for appropriate collection, keeping and handling of intelligent access program information. (2) The purpose mentioned in subsection (1)(a) is achieved by— (a) requiring particular entities to report relevant contraventions for intelligent access program vehicles; and (b) requiring particular entities to report tampering or suspected tampering with, or malfunctioning of, approved intelligent transport systems; and (c) prohibiting persons from tampering with approved intelligent transport systems; and (d) giving particular entities functions and powers to audit the activities of intelligent access program service providers. (3) The purpose mentioned in subsection (1)(b) is achieved by— (a) allowing entities to collect, hold, use and disclose intelligent access program information for only limited purposes and subject to restrictions; and (b) requiring entities with monitoring or auditing functions to ensure intelligent access program information collected is accurate, complete and up to date; and (c) requiring entities who collect intelligent access program information to protect the information and destroy it when it is no longer required by the entities; and (d) providing for persons about whom an entity holds personal information to have access to the information and have it corrected in appropriate circumstances. 401—What the Intelligent Access Program is The Intelligent Access Program is a program to allow heavy vehicles to have access, or improved access, to the road network in return for monitoring, by an intelligent transport system, of their compliance with stated access conditions. 402—Application of Chapter 7 (1) This Chapter applies in relation to a heavy vehicle for which a mass or dimension authority is in force with the following conditions (intelligent access program conditions): (a) a condition about the areas or routes to which the authority applies; (b) conditions about the use of a heavy vehicle on a road under the authority, including, for example, conditions about one or more of the following: (i) the maximum permissible mass of the vehicle, or the vehicle together with its load, while it is being used on the road under the authority; (ii) the times when the vehicle may be used on the road under the authority; (iii) the maximum speed at which the vehicle may be driven on the road under the authority; (c) conditions that— (i) a heavy vehicle's compliance with the conditions mentioned in paragraphs (a) and (b) is monitored by an approved intelligent transport system used by an intelligent access program service provider; and (ii) any noncompliance reports made by the system are sent to the Regulator within a stated period. (2) This Chapter also applies in relation to a heavy vehicle for which an HML authority is in force with the conditions (also intelligent access program conditions) that— (a) either or both of the following is monitored by an approved intelligent transport system used by an intelligent access program service provider: (i) the roads on which the vehicle is used under the higher mass limits; (ii) the vehicle's compliance with conditions about the use of a heavy vehicle on a road under the higher mass limits, including, for example, conditions about one or more of the following: (A) the times when the vehicle may be driven on the road under the higher mass limits; (B) the maximum speed at which the vehicle may be driven on the road under the higher mass limits; and (b) any noncompliance reports made by the system are sent to the Regulator within a stated period. 403—Definitions for Chapter 7 approved intelligent transport system means an intelligent transport system approved by TCA, for the purposes of the Intelligent Access Program, for use by an intelligent access program service provider to monitor the relevant monitoring matters for an intelligent access program vehicle; higher mass limits means the higher mass limits applying under the mass requirements; HML authority means a declaration made, or permit granted, under the national regulations allowing a heavy vehicle to be used on a road under the higher mass limits; Intelligent Access Program has the meaning given in section 401; intelligent access program agreement, means an agreement between the operator of a heavy vehicle and an intelligent access program service provider under which the service provider agrees to monitor, by using an approved intelligent transport system, the relevant monitoring matters for the vehicle; intelligent access program audit means the process of doing 1 or more of the following: (a) reviewing intelligent access program information held by an intelligent access program service provider to assess whether the information is accurate, complete and up to date; (b) reviewing the processes by which intelligent access program information held by an intelligent access program service provider is generated, recorded, stored, displayed, analysed, transmitted and reported; (c) examining how intelligent access program information held by an intelligent access program service provider is used and disclosed by the service provider; (d) examining an approved intelligent transport system; intelligent access program conditions has the meaning given by section 402; intelligent access program information means information generated, recorded, stored, displayed, analysed, transmitted or reported by an approved intelligent transport system for any purpose relating to the Intelligent Access Program; intelligent access program service provider means a person certified by TCA as a service provider for monitoring, by using an approved intelligent transport system, the relevant monitoring matters for an intelligent access program vehicle; intelligent access program vehicle means a heavy vehicle— (a) for which a mass or dimension exemption is in force with intelligent access program conditions (as referred to in section 402(1)); or (b) for which an HML authority is in force with intelligent access program conditions (as referred to in section 402(2)); law enforcement purposes means the purposes of investigating or prosecuting an offence against an Australian road law; malfunction, in relation to an approved intelligent transport system, means the system— (a) ceases to work at all, or works only intermittently; or (b) does not perform one or more functions required under the Intelligent Access Program; or (c) performs a function mentioned in paragraph (b)— (i) only intermittently; or (ii) in a way that the results of it doing so are inaccurate or unreliable, including intermittently inaccurate or unreliable; noncompliance report means a report made by an approved intelligent transport system that reports either or both of the following: (a) a relevant contravention for an intelligent access program vehicle; (b) apparent tampering with, or malfunctioning of, the system; personal information means personal information that is intelligent access information or otherwise collected for the purposes of this Chapter; See also definition personal information in section 5. relevant contravention means— (a) for an intelligent access program vehicle used under a mass or dimension exemption—the vehicle's contravention of conditions mentioned in section 402(1)(a) or (b) applying to the vehicle; or (b) for an intelligent access program vehicle used under the higher mass limits— (i) the vehicle's use under the higher mass limits on a road to which the higher mass limits do not apply; or (ii) the vehicle's contravention of a condition about the use of the vehicle on a road under the higher mass limits; relevant monitoring matters means— (a) for a heavy vehicle used under a mass or dimension exemption—the vehicle's compliance with conditions mentioned in section 402(1)(a) or (b) applying to the vehicle; or (b) for a heavy vehicle used under the higher mass limits—the matters mentioned in section 402(2)(a)(i) or (ii) for the vehicle; tamper, with an approved intelligent transport system, means engage in conduct that has the result that— (a) the system is changed; or (b) the system is installed or used in a way that is not in accordance with the conditions of its approval by TCA; or (c) any operating software that the system uses internally is changed. Part 2—Duties and obligations of operators of intelligent access program vehicles 404—Offence to give false or misleading information to intelligent access service provider (1) The operator of an intelligent access program vehicle commits an offence if— (a) the operator gives information to an intelligent access program service provider with whom the operator has entered into an intelligent access program agreement for the vehicle; and (b) the information is relevant to the use of the vehicle; and (c) the operator knows, or ought reasonably to know, the information is false or misleading. See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something. (2) Subsection (1) does not apply if the operator gives the information in writing and, when giving the information— (a) tells the intelligent access program service provider, to the best of the operator's ability, how it is false or misleading; and (b) if the operator has, or can reasonably obtain, the correct information—gives the correct information in writing. (3) Without limiting subsection (1)(b), information about the intelligent access program conditions applying to an intelligent access program vehicle is relevant to the use of the vehicle. (4) The operator of a heavy vehicle commits an offence if— (a) the operator gives information to an intelligent access program service provider; and (b) the operator intends that the intelligent access program service provider will enter into an intelligent access program agreement with the operator in reliance on the information; and (c) the operator knows, or ought reasonably to know, the information is false or misleading. See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something. (5) Subsection (4) does not apply if the operator gives the information in writing and, when giving the information— (a) tells the intelligent access program service provider, to the best of the operator's ability, how it is false or misleading; and (b) if the operator has, or can reasonably obtain, the correct information—gives the correct information in writing. (6) In a proceeding for an offence against subsection (1) or (4), it is enough for a charge to state that the information given was 'false or misleading' to the operator's knowledge, without specifying whether it was false or whether it was misleading. 405—Advising vehicle driver of collection of information by intelligent access service provider (1) The operator of an intelligent access program vehicle must, unless the operator has a reasonable excuse, ensure the vehicle's driver is given the following information before the vehicle begins a journey: (a) that the vehicle will be monitored by an intelligent access program service provider; (b) that this Chapter provides for the collection of information by the intelligent access program service provider; (c) the information that will be collected by the intelligent access program service provider; (d) the purposes for which the information will be collected; (e) the entities to whom the information collected may be disclosed; (f) that, under this Chapter, the driver has rights of access to personal information or to have personal information changed to ensure it is accurate, complete and up to date; (g) how the rights mentioned in paragraph (f) can be exercised; (h) the name and address of the intelligent access program service provider. (2) The operator of an intelligent access program vehicle is taken to comply with subsection (1) if the operator— (a) gives the intelligent access program vehicle's driver a notice stating the information mentioned in the subsection, including, for example, by placing it in the vehicle's driving cabin in a clearly visible position; or (b) includes the information mentioned in the subsection in a written contract of employment between the operator and the intelligent access program vehicle's driver. (3) The national regulations may prescribe— (a) a form of notice that may be used under subsection (2)(a); and (b) for subsection (2)(b), a standard form of words that may be used as part of a written contract of employment. 406—Reporting system malfunctions to Regulator (1) If an operator of an intelligent access program vehicle becomes aware that a part of an approved intelligent transport system fitted to the vehicle is malfunctioning or has malfunctioned, the operator must as soon as practicable report the matter to the Regulator in person or by radio, telephone, fax or email. (2) The operator must keep, for at least 4 years, a written record of a report of a malfunction under subsection (1), containing the following particulars: (a) the type of malfunction to which the report relates; (b) the date and time the operator became aware of the malfunction; (c) the location of the vehicle when the operator became aware of the malfunction; (d) the date and time the report was made; (e) the location of the vehicle when the report was made; (f) the way, in person or by radio, telephone, fax or email, that the report was made; (g) the name of the operator or, if someone else made the report on behalf of the operator, the name of the person who made the report; (h) the name of the individual to whom the report was made. 407—Advising driver of driver's obligations about reporting system malfunctions (1) The operator of an intelligent access program vehicle, before the vehicle begins a journey, must, unless the operator has a reasonable excuse, ensure the vehicle's driver is told— (a) about the vehicle driver's obligation under section 408; and (b) how the vehicle's driver can make the reports required by that obligation. (2) The operator of an intelligent access program vehicle is taken to comply with subsection (1) if the operator— (a) gives the vehicle's driver a notice stating the information mentioned in the subsection, including, for example, by placing it in the vehicle's driving cabin in a clearly visible position; or (b) includes the information mentioned in the subsection in a written contract of employment between the operator and the vehicle's driver. (3) The national regulations may prescribe— (a) a form of notice that may be used under subsection (2)(a); and (b) for the purposes of subsection (2)(b), a standard form of words that may be used as part of a written contract of employment. Part 3—Obligations of drivers of intelligent access program vehicles 408—Reporting system malfunctions to operator (1) If the driver of an intelligent access program vehicle becomes aware that a part of an approved intelligent transport system fitted to the vehicle is malfunctioning or has malfunctioned, the driver must as soon as practicable report the malfunction to the vehicle's operator in person or by radio, telephone, fax or email. (2) The driver must keep, for at least 4 years, a written record of a report of a malfunction under subsection (1), containing the following particulars: (a) the type of malfunction to which the report relates; (b) the date and time the driver became aware of the malfunction; (c) the location of the vehicle when the driver became aware of the malfunction; (d) the date and time the report was made; (e) the location of the vehicle when the report was made; (f) the way, in person or by radio, telephone, fax or email, that the report was made; (g) the driver's name; (h) the name of the individual to whom the report was made. (3) Subsection (1) does not apply to the driver of a heavy vehicle in relation to a malfunction of a part of an approved intelligent transport system if another driver of the vehicle has complied with the subsection in relation to the malfunction. Part 4—Powers, duties and obligations of intelligent access program service providers 409—Powers to collect and hold intelligent access program information An intelligent access program service provider may collect and hold intelligent access program information for monitoring the relevant monitoring matters for an intelligent access program vehicle. 410—Collecting intelligent access information (1) An intelligent access program service provider must ensure, so far as is reasonably practicable, the intelligent access program information the service provider collects— (2) An intelligent access program service provider must ensure, so far as is reasonably practicable, the collection of intelligent access program information by the service provider does not intrude to an unreasonable extent on the personal privacy of any individual to whom the information relates. 411—Keeping records of intelligent access program information collected (1) An intelligent access program service provider must keep, in a way complying with subsection (2), records of the intelligent access program information collected by the service provider. (2) Records kept under subsection (1) must be organised in a way that allows the records to be conveniently and properly audited by an intelligent access program auditor. 412—Protecting intelligent access program information An intelligent access program service provider must ensure, so far as is reasonably practicable, intelligent access program information collected by the service provider is protected against unauthorised access, unauthorised use, misuse, loss, modification or unauthorised disclosure. 413—Making individuals aware of personal information held (1) An intelligent access program service provider must prepare, and make publicly available, a document setting out the service provider's policies on the management of personal information held by the service provider. Examples of how a document is made publicly available— • making a document available at the service provider's office • making a document available on the service provider's website (2) If asked by an individual about whom an intelligent access program service provider holds personal information, the service provider must, within 28 days after receiving the request, give the individual the following information if the service provider can reasonably give the information: (a) the kind of information the service provider holds about the individual; (c) the way in which the service provider collects, holds, uses and discloses the information; (d) the entities to whom the information may be disclosed; (e) that, under this Chapter, the individual has rights of access to the information or to have the information changed to ensure it is accurate, complete and up to date; (f) how the rights mentioned in paragraph (e) can be exercised. (3) Subsection (2) does not require an intelligent access program service provider to inform an individual that a report under section 422 or 423 exists or has been made. 414—Giving individuals access to their personal information (1) An intelligent access program service provider must, if asked by an individual about whom the service provider holds personal information, give the individual access to the information as soon as practicable and without cost. (2) Subsection (1) does not require an intelligent access program service provider to give an individual access to a report made under section 422 or 423 or information showing that a report of that kind exists or has been made. 415—Correcting errors etc (1) This section applies if an individual about whom an intelligent access program service provider holds personal information asks the service provider to make a particular change to the personal information. (2) The intelligent access program service provider must make the change if the service provider is satisfied the change is appropriate to ensure the personal information is accurate, complete and up to date. (3) If the intelligent access program service provider is not satisfied as mentioned in subsection (2), the service provider may refuse to comply with the request. (4) If, under subsection (3), an intelligent access program service provider refuses to comply with an individual's request under subsection (1), the service provider must— (a) give the individual a notice stating— (i) the service provider's reasons for refusing; and (ii) that the individual may ask the service provider to attach to or include with the personal information the individual's request or a record of it; and (b) if asked by the individual, attach to or include with the personal information the request or a record of the request. 416—General restriction on use and disclosure of intelligent access program information An intelligent access program service provider must not use or disclose intelligent access program information other than as required or authorised under this Law or another law. 417—Giving intelligent access program auditor access to records An intelligent access program service provider must give an intelligent access program auditor access to a record kept by the service provider for the purposes of this Chapter. 418—Powers to use and disclose intelligent access program information (1) An intelligent access program service provider may use intelligent access program information for monitoring the relevant monitoring matters for an intelligent access program vehicle. (2) An intelligent access program service provider may disclose intelligent access program information to the Regulator for compliance purposes. (3) An intelligent access program service provider may disclose intelligent access program information to— (a) an authorised officer, other than a police officer, for law enforcement purposes if so authorised by a warrant issued under this Law; or (b) an authorised officer who is a police officer, for law enforcement purposes if so authorised by a warrant issued under this Law or another law. (4) If an intelligent access program service provider discloses intelligent access program information to an authorised officer or a police officer under this section, the officer must not use the information, or disclose it to any other person, unless— (a) the officer believes the use or disclosure is reasonably necessary for law enforcement purposes; or (b) the use or disclosure is otherwise authorised under this Law or any other law. (5) An intelligent access program service provider may disclose intelligent access program information about an operator of an intelligent access program vehicle to the operator. (6) Subsection (5) does not apply to the following: (a) a noncompliance report about an intelligent access program vehicle operated by the operator; (b) information that a noncompliance report has been made about an intelligent access program vehicle operated by the operator; (c) information disclosed under the authority of a warrant as referred to in subsection (3). (7) An intelligent access program service provider may, with the written consent of an operator of an intelligent access program vehicle, disclose intelligent access program information about the operator to a person other than the operator for any purpose if the information— (a) does not identify any individual other than the operator; and (b) contains nothing by which the identity of any individual, other than the operator, can reasonably be found out. (8) An intelligent access program service provider may use or disclose intelligent access program information that is personal information with the written consent of the individual to whom the personal information relates. (9) This section is subject to section 424. 419—Keeping record of use or disclosure of intelligent access program information (1) If an intelligent access program service provider uses or discloses intelligent access program information, the service provider must, within 7 days after the use or disclosure, make a record of the use or disclosure that— (b) is in a form that ensures the record is readily accessible by an intelligent access program auditor at the place where it is kept. (a) the intelligent access program service provider's name or, if someone else used or disclosed the intelligent access program information on behalf of the service provider, the name of the person who used or disclosed the intelligent access program information; (c) for a use of intelligent access program information by or on behalf of the intelligent access program service provider, a brief description of how the information was used; (d) for a disclosure of intelligent access program information by or on behalf of the intelligent access program service provider, the entity to whom the information was disclosed; (e) the provision of this Law or another law the intelligent access program service provider believes authorises the use or disclosure; (f) if the use or disclosure is authorised only under a particular document (including, for example, a warrant, a certificate or a consent), a copy of the document. (3) An intelligent access program service provider must keep a record made under this section for at least 2 years. 420—Keeping noncompliance report (1) This section applies if a noncompliance report is made by an approved intelligent transport system operated by an intelligent access program service provider. (2) The intelligent access program service provider must keep the following for at least 4 years after the noncompliance report is made: (a) a copy of the report; (b) the information relied on to make the report. Example of information that could be relied on to make a noncompliance report— GPS information about a vehicle's position at a particular time 421—Destroying intelligent access program information (1) An intelligent access program service provider must ensure, so far as is reasonably practicable— (a) intelligent access program information collected by the service provider is destroyed 1 year after the information is collected; and (b) a record that the service provider is required to keep under section 419 is destroyed within 1 year after the service provider is no longer required to keep the record under that section. (2) This section does not apply to a noncompliance report or information the intelligent service provider is required to keep under section 420. 422—Reporting relevant contraventions to Regulator (1) This section applies if an intelligent access program service provider knows of a relevant contravention for an intelligent access program vehicle. (2) The intelligent access program service provider must, within 7 days, give the Regulator a report about the relevant contravention in the approved form. (3) For the purposes of subsection (1), an intelligent access program service provider is taken to know of a relevant contravention for an intelligent access program vehicle if the service provider's approved intelligent transport system has detected the contravention. 423—Reporting tampering or suspected tampering with approved intelligent transport system (1) If an intelligent access program service provider knows, or has reasonable grounds to suspect, an approved intelligent transport system has been tampered with, the service provider must report the matter to the Regulator— (a) within 7 days; and (2) If an intelligent access program service provider knows, or has reasonable grounds to suspect, a back‑office intelligent transport system has been tampered with, the service provider must report the matter to TCA— (a) within 7 days; and (3) For the purposes of subsections (1) and (2), an intelligent access program service provider does not know, or have reasonable grounds to suspect, an approved intelligent transport system or back‑office intelligent transport system has been tampered with merely because the service provider 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 back‑office intelligent transport system means that part of an approved intelligent transport system that is not fitted, and is not intended to be fitted, to an intelligent access program vehicle. 424—Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system (1) If an intelligent access program service provider knows, or has reasonable grounds to suspect, an approved intelligent transport system has been tampered with, the service provider must not disclose to any entity (other than the Regulator and TCA) the following: (a) information that the service provider has that knowledge or suspicion; (b) information from which it could reasonably be inferred that the service provider has that knowledge or suspicion. (2) For the purposes of subsection (1), an intelligent access program service provider does not know, or have reasonable grounds to suspect, an approved intelligent transport system has been tampered with merely because the service provider 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 (3) If an intelligent access program service provider has made a report to the Regulator under section 423(1) of apparent or suspected tampering, the service provider must not disclose to any entity (other than the Regulator) the following: (b) information from which it could reasonably be inferred that the service provider has made the report. (4) If an intelligent access program service provider has made a report to TCA under section 423(2) of apparent or suspected tampering, the service provider must not disclose to any entity (other than the Regulator and TCA) the following: (b) information from which it could reasonably be inferred that the service provider has made the report. (5) Subsection (1), (3) or (4) does not apply if the disclosure of the information to which the subsection applies is authorised under another law. Part 5—Functions, powers, duties and obligations of TCA 425—Functions of TCA (1) TCA has the following functions for the purposes of this Chapter: (a) approving, and cancelling the approval of, intelligent transport systems for use by intelligent access program service providers to monitor the relevant monitoring matters for an intelligent access program vehicle; (b) managing the certification and audit regime for the Intelligent Access Program; (c) certifying and auditing, and cancelling the certification of, intelligent access program service providers; (d) engaging individuals, consultants and contractors to assist TCA in the exercise of its auditing activities. (2) An approval, certification or engagement under subsection (1) may be given or made unconditionally or subject to stated conditions imposed or varied from time to time. 426—Powers to collect and hold intelligent access program information TCA may collect and hold intelligent access program information— (a) for the exercise of its functions mentioned in section 425; or (b) for law enforcement purposes. 427—Collecting intelligent access program information (1) TCA must ensure, so far as is reasonably practicable, the intelligent access program information it collects— (2) TCA must ensure, so far as is reasonably practicable, the collection of intelligent access program information by it does not intrude to an unreasonable extent on the personal privacy of any individual to whom the information relates. 428—Protecting intelligent access program information collected TCA must ensure, so far as is reasonably practicable, intelligent access program information collected by TCA is protected against unauthorised access, unauthorised use, misuse, loss, modification or unauthorised disclosure. 429—Making individuals aware of personal information held (1) TCA must prepare, and make publicly available, a document setting out its policies on the management of personal information held by it. Examples of how a document is made publicly available— • making a document available at TCA's office • making a document available on TCA's website (2) If asked by an individual about whom TCA holds personal information, TCA must, within 28 days after receiving the request, give the individual the following information if it can reasonably give the information: (a) the kind of information it holds about the individual; (c) the way in which it collects, holds, uses and discloses the information; (d) the entities to whom the information may be disclosed; (e) that, under this Chapter, the individual has rights of access to the information or to have the information changed to ensure it is accurate, complete and up to date; (f) how the rights mentioned in paragraph (e) can be exercised. (3) Subsection (2) does not require TCA to inform an individual that a report under section 422, 423, 438, 451 or 452 exists or has been made. 430—Giving individuals access to their personal information (1) TCA must, if asked by an individual about whom TCA holds personal information, give the individual access to the information as soon as practicable and without cost. (2) Subsection (1) does not require TCA to give an individual access to a report made under section 422, 423, 438, 451 or 452 or information showing that a report of that kind exists or has been made. 431—Correcting errors etc (1) This section applies if an individual about whom TCA holds personal information asks TCA to make a particular change to the personal information. (2) TCA must make the change if it is satisfied the change is appropriate to ensure the personal information is accurate, complete and up to date. (3) If TCA is not satisfied as mentioned in subsection (2), it may refuse to comply with the request. (4) If TCA refuses, under subsection (3), to comply with an individual's request, it must give the individual a notice stating— (a) TCA's reasons for refusing; and (b) that the individual may ask TCA to attach to or include with the personal information the individual's request or a record of it. (5) If an individual referred to in subsection (4) asks TCA to do so, it must attach to or include with the personal information the request or a record of the request. 432—General restriction on use and disclosure of intelligent access program information TCA must not use or disclose intelligent access program information other than as required or authorised under this Law or another law. 433—Powers to use and disclose intelligent access program information (1) TCA may use or disclose intelligent access program information— (a) for the exercise of its functions mentioned in section 425; or (b) for law enforcement purposes. (2) TCA may disclose intelligent access program information to the Regulator if it is satisfied the information is relevant to the Regulator's functions under this Law. (3) TCA may disclose intelligent access program information to an intelligent access program auditor if it is satisfied the information is relevant to an intelligent access program audit the auditor is conducting. (4) TCA may disclose intelligent access program information relating to a particular operator of an intelligent access program vehicle to the operator. (5) TCA may, with the written consent of an operator of an intelligent access program vehicle, disclose intelligent access program information about the operator to a person other than the operator for any purpose if the information— (a) does not identify any individual other than the operator; and (b) contains nothing by which the identity of any individual, other than the operator, can reasonably be found out. (6) TCA may use or disclose intelligent access program information for research purposes if the information contains no personal information. (7) TCA may use or disclose intelligent access program information that is personal information with the written consent of the individual to whom the personal information relates. (8) This section is subject to section 439. 434—Restriction about intelligent access program information that may be used or disclosed TCA must not use or disclose intelligent access program information unless TCA is reasonably satisfied, having regard to the purpose for which the information is to be used or disclosed, the information is accurate, complete and up to date. 435—Keeping record of use or disclosure of intelligent access program information (1) If TCA uses or discloses intelligent access program information, TCA must, within 7 days after the use or disclosure, make a record of the use or disclosure that — (b) is in a form that ensures the record is readily accessible by an authorised officer at the place where it is kept. (a) the name of the person who used or disclosed the intelligent access program information on behalf of TCA; (c) for a use of intelligent access program information by or on behalf of TCA, a brief description of how the information was used; (d) for a disclosure of intelligent access program information by or on behalf of TCA, the entity to whom the information was disclosed; (e) the provision of this Law or another law TCA believes authorises the use or disclosure; (f) if the use or disclosure is authorised only with a particular document (including, for example, a warrant, a certificate or a consent), a copy of the document. (3) TCA must keep a record made under this section for at least 2 years. 436—Keeping noncompliance reports TCA must keep any noncompliance report received by it for at least 4 years after its receipt. 437—Destroying intelligent access program information or removing personal information from it (1) TCA must ensure, so far as is reasonably practicable, intelligent access program information collected by TCA is destroyed— (a) generally—1 year after the information is collected; or (b) if, at the end of that 1 year, the information is required for law enforcement purposes—as soon as practicable after the information is no longer required for law enforcement purposes. (2) TCA is taken to have complied with subsection (1) for intelligent access program information if it permanently removes anything by which an individual can be identified from the information. (3) This section does not apply to a noncompliance report TCA is required to keep under section 436. 438—Reporting tampering or suspected tampering with, or malfunction or suspected malfunction of, approved intelligent transport system to Regulator (1) If TCA knows, or has reasonable grounds to suspect, an approved intelligent transport system has been tampered with or has malfunctioned, TCA must report the matter to the Regulator within 7 days. (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 or has malfunctioned merely because it has— (a) accessed a report made by the system (including a noncompliance report) indicating that apparent tampering with, or malfunctioning of, the system has been detected electronically; or 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. (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 (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: (b) information from which it could reasonably be inferred that TCA has made the report. (4) Subsection (1) or (3) does not apply if the disclosure of the information to which the subsection applies is authorised under another law. Part 6—Powers, duties and obligations of intelligent access program auditors 440—Powers to collect and hold intelligent access program information An intelligent access program auditor may collect and hold intelligent access program information for conducting an intelligent access program audit. 441—Collecting intelligent access information (1) An intelligent access program auditor must ensure, so far as is reasonably practicable, intelligent access program information the auditor collects— (2) An intelligent access program auditor must ensure, so far as is reasonably practicable, the collection of intelligent access program information by the auditor does not intrude to an unreasonable extent on the personal privacy of any individual to whom the information relates. 442—Protecting intelligent access program information collected An intelligent access program auditor must ensure, so far as is reasonably practicable, intelligent access program information collected by the auditor is protected against unauthorised access, unauthorised use, misuse, loss, modification or unauthorised disclosure. 443—Making individuals aware of personal information held (1) If asked by an individual about whom an intelligent access program auditor holds personal information, the auditor must, within 28 days after receiving the request, give the individual the following information if the auditor can reasonably give the information: (a) the kind of information the auditor holds about the individual; (c) the entities to whom the information may be disclosed; (d) that, under this Chapter, the individual has rights of access to the information or to have the information changed to ensure it is accurate, complete and up to date; (e) how the rights mentioned in paragraph (d) can be exercised. (2) Subsection (1) does not require an intelligent access program auditor to inform an individual that a report under section 422, 423, 438, 451 or 452 exists or has been made. 444—Giving individuals access to their personal information (1) An intelligent access program auditor must, if asked by an individual about whom the auditor holds personal information, give the individual access to the information as soon as practicable and without cost. (2) Subsection (1) does not require an intelligent access program auditor to give an individual access to a report made under section 422, 423, 438, 451 or 452. 445—Correcting errors etc (1) This section applies if an individual about whom an intelligent access program auditor holds personal information asks the auditor to make a particular change to the personal information. (2) The intelligent access program auditor must make the change if the auditor is satisfied the change is appropriate to ensure the personal information is accurate, complete and up to date. (3) If the intelligent access program auditor is not satisfied as mentioned in subsection (2), the auditor may refuse to comply with the request. (4) If, under subsection (3), an intelligent access program auditor refuses to comply with an individual's request, the auditor must— (a) give the individual a notice stating— (i) the auditor's reasons for refusing; and (ii) that the individual may ask the auditor to attach to or include with the personal information the individual's request or a record of it; and (b) if asked by the individual, attach to or include with the personal information the request or a record of the request. 446—General restriction on use and disclosure of intelligent access program information An intelligent access program auditor must not use or disclose intelligent access program information other than as required or authorised under this Law or another law. 447—Powers to use and disclose intelligent access program information (1) An intelligent access program auditor may use and disclose intelligent access program information for— (a) conducting an intelligent access program audit; or (b) reporting, to TCA, any of the following: (i) a relevant contravention for an intelligent access program vehicle; (ii) tampering or suspected tampering with an approved intelligent transport system by an operator of an intelligent access program vehicle; (iii) tampering or suspected tampering with an approved intelligent transport system by an intelligent access program service provider; (iv) a failure by an intelligent access program service provider to comply with the service provider's obligations under this Chapter. (2) An intelligent access program auditor may disclose intelligent access program information to the Regulator if the auditor is reasonably satisfied the information is relevant to the Regulator's functions under this Law. (3) An intelligent access program auditor may disclose intelligent access program information to TCA if the auditor is reasonably satisfied the information is relevant to TCA's functions under this Chapter. (4) An intelligent access program auditor may disclose intelligent access program information relating to a particular operator of an intelligent access program vehicle to the operator. (5) An intelligent access program auditor may use and disclose intelligent access program information that is personal information with the written consent of the individual to whom the personal information relates. (6) This section is subject to section 453. 448—Restriction about intelligent access program information that may be used or disclosed An intelligent access program auditor must not use or disclose intelligent access program information unless the auditor is reasonably satisfied, having regard to the purpose for which the information is to be used or disclosed, the information is accurate, complete and up to date. 449—Keeping record of use or disclosure of intelligent access program information (1) If an intelligent access program auditor uses or discloses intelligent access program information, the auditor must, within 7 days after the use or disclosure, make a record of the use or disclosure that— (b) is in a form that ensures the record is readily accessible by an authorised officer at the place where it is kept. (a) the intelligent access program auditor's name or, if someone else used or disclosed the intelligent access program information on behalf of the auditor, the name of the person who used or disclosed the intelligent access program information; (c) for a use of intelligent access program information by or on behalf of the auditor, a brief description of how the information was used; (d) for a disclosure of intelligent access program information by or on behalf of the auditor, the entity to whom the information was disclosed; (e) the provision of this Law or another law the auditor believes authorises the use or disclosure; (f) if the use or disclosure is authorised only under a particular document (including, for example, a warrant, a certificate or a consent), a copy of the document. (3) An intelligent access program auditor must keep a record made under this section for at least 2 years. 450—Destroying intelligent access program information or removing personal information from it (1) An intelligent access program auditor must ensure, so far as is reasonably practicable, intelligent access program information held by the auditor is destroyed as soon as practicable after the information is no longer needed for an intelligent access program audit conducted by the auditor. (2) An intelligent access program auditor is taken to have complied with subsection (1) for intelligent access program information if the auditor permanently removes anything by which an individual can be identified from the information. 451—Reporting contraventions by intelligent access program service providers to TCA If an intelligent access program auditor knows, or has reasonable grounds to suspect, an intelligent access program service provider has contravened an obligation under this Chapter, the auditor must, as soon as practicable, report the matter to TCA. 452—Reporting tampering or suspected tampering with approved intelligent transport system to Regulator or TCA If an intelligent access program auditor knows, or has reasonable grounds to suspect, an approved intelligent transport system has been tampered with, the auditor must, as soon as practicable, report the matter— (a) for tampering or suspected tampering by an operator of an intelligent access program vehicle—to the Regulator; or (b) for tampering or suspected tampering by an intelligent access program service provider—to TCA. 453—Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system (1) If an intelligent access program auditor knows, or has reasonable grounds to suspect, an approved intelligent transport system has been tampered with, the auditor must not disclose the following to any entity other than the Regulator or TCA: (a) information that the auditor has that knowledge or suspicion; (b) information from which it could reasonably be inferred that the auditor has that knowledge or suspicion. (2) If an intelligent access program auditor has made a report to the Regulator or TCA under section 452 of apparent or suspected tampering, the auditor must not disclose the following to any entity other than the Regulator or TCA: (b) information from which it could reasonably be inferred that the auditor has made the report. (3) Subsection (1) or (2) does not apply if the disclosure of the information to which the subsection applies is authorised under another law. Part 7—Other provisions 454—Offence to tamper with approved intelligent transport system (a) the person tampers with an approved intelligent transport system; and (b) the person does so with the intention of causing the system to— (i) fail to generate, record, store, display, analyse, transmit or report intelligent access program information; or (ii) fail to generate, record, store, display, analyse, transmit or report intelligent access program information correctly. (2) A person commits an offence if— (a) the person tampers with an approved intelligent transport system; and (b) the person is negligent or reckless as to whether, as a result of the tampering, the system may— (i) fail to generate, record, store, display, analyse, transmit or report intelligent access program information; or (ii) fail to generate, record, store, display, analyse, transmit or report intelligent access program information correctly. fail— (a) means does not perform as intended in relation to accuracy, timeliness, reliability, verifiability or any other performance requirement or standard; and (b) includes fail permanently, fail temporarily, fail on a particular occasion and fail in particular circumstances. 455—Regulator may issue intelligent access program identifiers (1) The Regulator may issue a distinguishing number for an intelligent access program vehicle that indicates the vehicle is an intelligent access program vehicle (an intelligent access program identifier). (2) The intelligent access program identifier may consist of numbers or letters or a combination of numbers and letters. (3) If an intelligent access program identifier is, or becomes, known to an entity that has the ability to associate it with a particular individual, the entity must treat the identifier as personal information for the purposes of this Chapter or a law relating to privacy.