Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
Part 4A Information sharing
28A Definitions—pt 4A
In this part:
"compliance information" means information that—
(a) the administrator has as a result of exercising a function under this Act; or
(b) a regulatory agency has—
(i) as a result of exercising a function under a territory law; and
(ii) that is relevant to a function of the administrator under this Act.
"non-territory agency "means an agency of the Commonwealth or a State that exercises functions analogous to those exercised by a regulatory agency.
"regulatory agency "means any of the following:
(a) the construction occupations registrar;
(b) the planning and land authority;
(c) the environment protection authority;
(d) the commissioner appointed under the Fair Trading (Australian Consumer Law) Act 1992
;
(e) the director-general responsible for the Fair Trading (Australian Consumer Law) Act 1992
;
(f) the director-general responsible for the Work Health and Safety Act 2011
;
(g) the commissioner appointed under the Work Health and Safety Act 2011
;
(h) the independent competition and regulatory commission;
(i) the chief executive officer appointed under the Independent Competition and Regulatory Commission Act 1997
;
(j) an entity prescribed by regulation.
28B Sharing information—territory agencies
(1) The administrator may—
(a) give compliance information to a regulatory agency; and
(b) impose conditions on how the regulatory agency uses, stores or shares the information.
(2) The administrator may request compliance information from a regulatory agency.
(3) A regulatory agency that receives a request under subsection (2) may—
(a) give the information to the administrator; and
(b) impose conditions on how the administrator uses, stores or shares the information.
(4) However, compliance information must not be given under this section unless the entity that gives the information is satisfied that—
(a) the entity that receives the information (the recipient ) will use the information to exercise a function the recipient has under a territory law; and
(b) giving or receiving the information will not compromise the exercise of a function under a territory law.
Example—instance where exercise of function could be compromised
XYZ Pty Ltd carries out an eligible activity under this Act. The work safety commissioner (the commissioner ) is investigating XYZ for possible breaches of the Work Health and Safety Act 2011
. The commissioner receives a request for compliance information from the administrator. The commissioner believes that giving the administrator the information could jeopardise the investigation. The commissioner may refuse the request.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
28C Sharing information—non-territory agencies
(1) The administrator may give compliance information to a non-territory agency if the administrator believes on reasonable grounds that—
(a) the information relates to the undertaking of eligible activities; and
(b) the information relates to compliance with a law of another jurisdiction that is applied, adopted or incorporated under—
(i) a determination made under section 10 (Eligible activities); or
(ii) a code of practice approved under section 25 (Codes of practice).
Note Law of another jurisdiction —see s 10 (8).
(2) The administrator may impose conditions on how the non-territory agency uses, stores or shares the information.
(3) However, the administrator must not give compliance information under this section unless the administrator is satisfied that—
(a) the entity that receives the information (the recipient ) will use the information to exercise a function the recipient has under a law mentioned in subsection (1) (b); and
(b) giving the information will not compromise the exercise of a function under a territory law.