Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010
139Confidentiality
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139 Confidentiality (1) This section applies to: (a) a person engaged or previously engaged in the administration of this Act; and (b) without limiting paragraph (a): (i) a person who is or was a delegate of the Competent Authority; and (ii) a person who is or was employed by, or engaged to provide services to or on behalf of, the Competent Authority; and (iii) a person who is or was employed by, or engaged to provide services to, a person or body engaged to provide services to the Competent Authority.
Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 91 (2) A person to whom this section applies must not disclose to someone else information obtained (whether by that person or otherwise) in the administration of this Act except: (a) as required or authorised under this or any other Act; or (b) with the consent of the person from whom the information was obtained or to whom the information relates; or (c) in connection with the administration of this Act; or (d) to the Competent Authority, a corresponding authority, an authorised officer or a police officer; or (e) to a public authority of any jurisdiction prescribed by regulation; or (f) to a public authority of the Territory or another jurisdiction for law enforcement purposes; or (g) to a court or in connection with any legal proceedings; or (h) in accordance with the regulations. (3) Information that has been disclosed under subsection (2) for a particular purpose must not be used for any other purpose by: (a) the person to whom the information was disclosed; or (b) any other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure. (4) A person commits an offence if the person engages in conduct that results in a contravention of subsection (2) or (3). (a) knows the information was obtained (whether by that person or otherwise) in the administration of this Act; and (b) intentionally engages in the conduct; and (c) is reckless as to whether the conduct would result in a contravention of subsection (2) or (3).
Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 92 (5) This section does not prevent information from being used: (a) to assist a person in deciding whether or not to withdraw a formal warning for any offence; or (b) to enable the Competent Authority to accumulate aggregate data and to enable it to authorise use of the aggregate data for research or education.