Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 No. 55 of 2013 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—AMENDMENTS TO ROAD SAFETY ACT 1986 RELATING TO USE AND DISCLOSURE OF INFORMATION 3 3 Effecting registration, renewal or transfer 3 4 Register of written-off vehicles 3 5 Repeal of section 23A 3 6 Obtaining licence etc. by false statements 3 7 New Part 7B inserted 4 PART 7B—USE AND DISCLOSURE OF INFORMATION 4 90I Interpretation 4 90J Information to which this Part applies 7 90K Authorised use or disclosure 8 90L Exceptional circumstances 11 90M Verification of information 14 90N Information protection agreements 15 90O Disclosure not mandatory 17 90P Freedom of Information Act 1982 17 90Q Offences 18 8 Repeal of sections 92, 92A and 92B 19 9 New section 103ZH inserted 19 103ZH Transitional provisions—Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 19 -- 1 of 33 -- Section Page ii Authorised by the Chief Parliamentary Counsel PART 3—AMENDMENTS TO OTHER ACTS RELATING TO USE AND DISCLOSURE OF INFORMATION 21 10 Amendment of Marine Safety Act 2010 21 11 Amendment of Accident Compensation Act 1985 22 12 Amendment of Transport Accident Act 1986 22 126C Disclosure of information collected or received by Roads Corporation 22 13 Amendment of Road Safety Camera Commissioner Act 2011 23 19A Disclosure of information collected or received by Roads Corporation 23 14 Amendment of EastLink Project Act 2004 24 15 Amendment of Melbourne City Link Act 1995 25 16 Amendment of Police Regulation Act 1958 25 PART 4—OTHER AMENDMENTS 26 Division 1—Other amendments to Road Safety Act 1986 26 17 Register of written-off vehicles 26 18 General evidentiary provisions 26 19 New section 95E inserted 26 95E Gazette notices may incorporate document etc. 26 Division 2—Amendments to Accident Towing Services Act 2007 27 20 Conditions on licences 27 21 When VicRoads may approve an application for accreditation 27 22 Mandatory refusal of accreditation 28 23 Offence to fail to release towed vehicle 28 24 Periodic review of charges 29 Division 3—Miscellaneous amendments to other Acts 29 25 Amendment of Melbourne City Link Act 1995 29 26 Amendment of Road Management Act 2004 29 PART 5—REPEAL 30 27 Repeal of Act 30 ═══════════════ ENDNOTES 31 -- 2 of 33 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 † No. 55 of 2013 [Assented to 24 September 2013] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to repeal and replace the provisions of the Road Safety Act 1986 that relate to the use and disclosure of information by the Corporation— Victoria -- 3 of 33 -- Part 1—Preliminary Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 No. 55 of 2013 2 Authorised by the Chief Parliamentary Counsel (i) to limit the information to be regulated under that Act to information that identifies an individual and is collected or received by the Corporation in relation to its registration or licensing functions and activities; (ii) to express those provisions, where appropriate, in terms of the purpose for which the information is to be used or disclosed; and (b) to amend the Marine Safety Act 2010 and make consequential amendments to other Acts in relation to the use and disclosure of information collected or received by the Corporation; and (c) to make amendments to roads legislation in relation to other matters. 2 Commencement (1) Part 1 and Division 3 of Part 4 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in subsection (2) does not come into operation before 1 January 2014, it comes into operation on that day. __________________ s. 2 -- 4 of 33 -- Part 2—Amendments to Road Safety Act 1986 Relating to Use and Disclosure of Information Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 No. 55 of 2013 3 Authorised by the Chief Parliamentary Counsel PART 2—AMENDMENTS TO ROAD SAFETY ACT 1986 RELATING TO USE AND DISCLOSURE OF INFORMATION 3 Effecting registration, renewal or transfer Section 9(1A) of the Road Safety Act 1986 is repealed. 4 Register of written-off vehicles Section 16D(3) of the Road Safety Act 1986 is repealed. 5 Repeal of section 23A Section 23A of the Road Safety Act 1986 is repealed. 6 Obtaining licence etc. by false statements In section 71(a) of the Road Safety Act 1986 for "section 92" substitute "Part 7B". See: Act No. 127/1986. Reprint No. 15 as at 20 February 2013 and amending Act Nos 19/1991, 34/2011, 65/2011, 75/2012, 76/2012 and 22/2013. LawToday: www. legislation. vic.gov.au s. 3 -- 5 of 33 -- Part 2—Amendments to Road Safety Act 1986 Relating to Use and Disclosure of Information Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 No. 55 of 2013 4 Authorised by the Chief Parliamentary Counsel 7 New Part 7B inserted After Part 7A of the Road Safety Act 1986 insert— "PART 7B—USE AND DISCLOSURE OF INFORMATION 90I Interpretation In this Part— authorised representative, in relation to an individual, means a person who is— (a) a guardian of the individual; or (b) an attorney for the individual under an enduring power of attorney; or (c) an agent for the individual within the meaning of the Medical Treatment Act 1988; or (d) an administrator or a person responsible within the meaning of the Guardianship and Administration Act 1986; or (e) a parent of an individual, if the individual is a child; or (f) otherwise empowered under law to perform any functions or duties or exercise powers as an agent of or in the best interests of the individual— except to the extent that acting as an authorised representative of the individual is inconsistent with an order made by a court or tribunal; s. 7 -- 6 of 33 -- Part 2—Amendments to Road Safety Act 1986 Relating to Use and Disclosure of Information Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 No. 55 of 2013 5 Authorised by the Chief Parliamentary Counsel consent means express consent or implied consent; individual includes a deceased individual; information protection agreement means an agreement between a person or body and the Corporation in relation to relevant information that complies with section 90N(2); intergovernmental agreement means a written agreement— (a) between— (i) the Corporation and a corresponding Authority; or (ii) the Corporation and a Minister of another Australian jurisdiction; or (iii) a Victorian Minister and a Minister of another Australian jurisdiction; or (b) between the Corporation and another public sector body or other public sector bodies, whether in Victoria or another jurisdiction, made for the purposes of a national exchange of information relating to vehicles or drivers or to both; law enforcement agency means— (a) the police force of Victoria, the Commonwealth or any other State or Territory; s. 7 -- 7 of 33 -- Part 2—Amendments to Road Safety Act 1986 Relating to Use and Disclosure of Information Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 No. 55 of 2013 6 Authorised by the Chief Parliamentary Counsel (b) any other body or person responsible for the performance of functions or activities directed to— (i) the prevention, detection, investigation, prosecution or punishment of offences against the laws of Victoria, the Commonwealth or any other State or Territory; or (ii) the enforcement of infringement penalties (by whatever name they are known in the relevant jurisdiction) issued under a law of Victoria, the Commonwealth or any other State or Territory; or (iii) the enforcement of the orders of a court; (c) a body or person authorised by a law of Victoria, the Commonwealth or any other State or Territory to enforce a warrant; Minister of another Australian jurisdiction means a Minister of the Crown in right of the Commonwealth or another State or a Territory; relevant information means information that, under section 90J, is information to which this Part applies; relevant person means a person who is a delegate of or employed by or engaged to provide services for— s. 7 -- 8 of 33 -- Part 2—Amendments to Road Safety Act 1986 Relating to Use and Disclosure of Information Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 No. 55 of 2013 7 Authorised by the Chief Parliamentary Counsel (a) the Corporation; or (b) another person or body engaged to provide services for the Corporation; Safety Director has the same meaning as it has in section 3(1) of the Marine Safety Act 2010; transport legislation has the same meaning as it has in section 3 of the Transport Integration Act 2010; Victorian Minister means a Minister of the Crown in right of the State. 90J Information to which this Part applies (1) This Part applies to information— (a) that is collected or received by the Corporation in relation to its registration or licensing functions and activities; and (b) that identifies an individual or from which an individual's identity can be reasonably ascertained. (2) For the purposes of subsection (1), the facial image of an individual is information that identifies the individual or from which the individual's identity can be reasonably ascertained. (3) For the purposes of subsection (1), information collected or received by the Corporation in relation to its registration or licensing functions and activities includes, but is not limited to, information relating to— (a) granting, renewing, suspending or cancelling registration of vehicles; s. 7 -- 9 of 33 -- Part 2—Amendments to Road Safety Act 1986 Relating to Use and Disclosure of Information Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 No. 55 of 2013 8 Authorised by the Chief Parliamentary Counsel (b) entering or removing vehicles from the written-off vehicles register; (c) exempting vehicles from registration; (d) granting, renewing, suspending or cancelling driver licences or learner permits and recording demerit points— whether that information relates to a registered or unregistered vehicle or a licensed or unlicensed driver. 90K Authorised use or disclosure Subject to section 90N, the Corporation or a relevant person may use or disclose relevant information— (a) for the purpose of— (i) the following functions and activities when performed by the Corporation or a relevant person— (A) the administration of this Act or the regulations; or (B) responding to correspondence or other communications; or (C) providing information of community interest or benefit; or (ii) a vehicle recall procedure being conducted in relation to a possible safety-related defect in a vehicle or a class of vehicles; or s. 7 -- 10 of 33 -- Part 2—Amendments to Road Safety Act 1986 Relating to Use and Disclosure of Information Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 No. 55 of 2013 9 Authorised by the Chief Parliamentary Counsel (iii) research, or the compilation or analysis of statistics, conducted in the public interest, other than for publication in a form that identifies an individual or from which an individual's identity can be reasonably ascertained; or (iv) the exercise of a power or the performance of a function under transport legislation; or (v) any legal proceeding arising out of transport legislation or any report of such a proceeding; or (vi) giving effect to an intergovernmental agreement; or (b) if the use or disclosure is reasonably necessary to lessen or prevent a serious threat to— (i) an individual's life, health, safety or welfare; or (ii) public health, safety or welfare; or (iii) the environment— whether in or outside Victoria; or (c) for the purpose of dealing with exceptional circumstances in accordance with section 90L; or (d) with the consent of— (i) the individual to whom the information relates; or (ii) the authorised representative of that individual; or s. 7 -- 11 of 33 -- Part 2—Amendments to Road Safety Act 1986 Relating to Use and Disclosure of Information Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 No. 55 of 2013 10 Authorised by the Chief Parliamentary Counsel (e) to a not-for-profit organisation to assist the organisation— (i) to locate a missing person; or (ii) to facilitate the reunion of members of a family or friends— for non-commercial, humanitarian purposes; or (f) to a member of the police force to assist the police force— (i) to locate a missing person; or (ii) to locate the next of kin of an individual who has suffered injury or death; or (iii) to conduct a check on the wellbeing of an individual; or (g) for the purposes of one or more of the following functions and activities when undertaken by or on behalf of a law enforcement agency— (i) the prevention, detection, investigation, prosecution or punishment of offences of any kind; (ii) the enforcement of laws relating to the confiscation of the proceeds of crime; (iii) the preparation for, or conduct of, proceedings before any court or enforcement of the orders of a court; (iv) the protection of public revenue; s. 7 -- 12 of 33 -- Part 2—Amendments to Road Safety Act 1986 Relating to Use and Disclosure of Information Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 No. 55 of 2013 11 Authorised by the Chief Parliamentary Counsel (v) the enforcement of infringement penalties (by whatever name they are known in the relevant jurisdiction); or (h) if the relevant information is used or disclosed in the course of using or disclosing information as authorised by section 306(2) of the Marine Safety Act 2010; or (i) if the use or disclosure is otherwise required or authorised by law. 90L Exceptional circumstances (1) This section applies if the Minister is satisfied that— (a) exceptional circumstances exist or have occurred, whether in or outside Victoria; and (b) it is appropriate to use or disclose relevant information in accordance with this section during or in the aftermath of those exceptional circumstances. (2) On being notified that the Minister is satisfied of the matters referred to in subsection (1), the Corporation must publish a notice on its website stating that— (a) the Minister is satisfied as to the matters referred to in subsection (1); and (b) accordingly, the Corporation or a relevant person may use or disclose relevant information for the purpose of dealing with the exceptional circumstances. s. 7 -- 13 of 33 -- Part 2—Amendments to Road Safety Act 1986 Relating to Use and Disclosure of Information Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 No. 55 of 2013 12 Authorised by the Chief Parliamentary Counsel (3) While a notice under subsection (2) remains published on its website, but not later than 12 months after the date on which the notice is first published, the Corporation or a relevant person may use or disclose relevant information if— (a) the Corporation or the relevant person reasonably believes that the individual to whom the relevant information relates may be or may have been involved in, or affected by, the exceptional circumstances; and (b) the use or disclosure is for a permitted purpose in relation to the exceptional circumstances; and (c) the disclosure is to an agency or organisation that— (i) is, or is likely to be, involved in managing, or assisting in the management of, the exceptional circumstances; or (ii) is directly involved in providing government services, medical or other treatment, health services or financial or other humanitarian assistance to individuals involved in the exceptional circumstances; and (d) the disclosure is not to a media organisation. s. 7 -- 14 of 33 -- Part 2—Amendments to Road Safety Act 1986 Relating to Use and Disclosure of Information Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 No. 55 of 2013 13 Authorised by the Chief Parliamentary Counsel (4) For the purposes of this section— exceptional circumstances are circumstances which— (a) endanger, or threaten to endanger, the life, health or safety of any individual; or (b) destroy or damage, or threaten to destroy or damage, any property, the environment or part of the environment; Examples Events such as natural disasters, fires, explosions, accidents, unlawful acts (whether actual or threatened) and disruptions to essential services may constitute exceptional circumstances. permitted purpose means a purpose that directly relates to the State's response to the exceptional circumstances in respect of which the notice under subsection (2) has been published including any of the following purposes— (a) identifying individuals who— (i) are, or may be, injured, missing or dead as a result of the exceptional circumstances; or (ii) are, or may be, otherwise involved in the exceptional circumstances; (b) assisting individuals involved in the exceptional circumstances to obtain services such as government services, medical or other treatment, health services or s. 7 -- 15 of 33 -- Part 2—Amendments to Road Safety Act 1986 Relating to Use and Disclosure of Information Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 No. 55 of 2013 14 Authorised by the Chief Parliamentary Counsel financial or other humanitarian assistance; (c) assisting with law enforcement in relation to the exceptional circumstances; (d) coordination or management of the exceptional circumstances. 90M Verification of information (1) The Corporation or a relevant person may verify relevant information contained in a driver licence or learner permit if that information is provided to a public sector body or private sector body as evidence of an individual's identity. (2) The Corporation or a relevant person may verify relevant information contained in a driver licence or learner permit if— (a) the information is provided for verification by or on behalf of a person or body who has entered into a service agreement with the Corporation for the verification of information of that kind; and (b) the person or body either— (i) employs or has engaged, or proposes to employ or engage, the holder of the driver licence or learner permit to drive a motor vehicle on a highway; or (ii) proposes to offer a vehicle for hire to the holder of the driver licence or learner permit. s. 7 -- 16 of 33 -- Part 2—Amendments to Road Safety Act 1986 Relating to Use and Disclosure of Information Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 No. 55 of 2013 15 Authorised by the Chief Parliamentary Counsel (3) The Corporation or a relevant person may verify the identity of the registered operator of a vehicle on the provision by any person or body of— (a) the registration number of the vehicle; and (b) the name of the purported operator of the vehicle; and (c) any other information that the Corporation or the relevant person requires. (4) The Corporation or a relevant person may verify the identity of the owner of registration number rights on the provision by any person or body of— (a) the registration number; and (b) the name of the purported owner of the rights; and (c) any other information that the Corporation or the relevant person requires. 90N Information protection agreements (1) The Corporation or a relevant person must not disclose relevant information to a person or body under section 90K(a)(iii), (a)(iv), (e), (f) or (g), unless the person or body has first entered into an information protection agreement with the Corporation. (2) An information protection agreement must— (a) specify— (i) the purpose for which the information is proposed to be disclosed to the person or body; and s. 7 -- 17 of 33 -- Part 2—Amendments to Road Safety Act 1986 Relating to Use and Disclosure of Information Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 No. 55 of 2013 16 Authorised by the Chief Parliamentary Counsel (ii) the provision of this Act under which the Corporation is authorised to disclose the information; and (iii) the means by which the information will be provided by the Corporation; and (iv) the means by which the information will be protected by the person or body; and (v) how compliance with the terms of the agreement will be monitored and enforced by each party to the agreement; and (vi) the auditing arrangements; and (vii) the procedures for managing any breach of privacy; and (b) include an undertaking by the person or body that the information will be used or disclosed only for the purpose specified in the agreement. (3) An information protection agreement may include any other requirements, qualifications or conditions specified by the Corporation. (4) Subsection (1) does not apply if— (a) an information protection agreement is currently in force between the Corporation and the delegator, employer, contractor or principal of the person or body who has requested the relevant information; and (b) in making the request for the relevant information, the person or body is acting within the scope of their actual s. 7 -- 18 of 33 -- Part 2—Amendments to Road Safety Act 1986 Relating to Use and Disclosure of Information Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 No. 55 of 2013 17 Authorised by the Chief Parliamentary Counsel or apparent authority under the delegation, employment, contractual relationship or agency. (5) If a person or body requests relevant information other than for a purpose specified in subsection (1), the Corporation or a relevant person may require the person or body to first enter into an information protection agreement with the Corporation. (6) A person or body is not required to enter into an information protection agreement with the Corporation in relation to the use or disclosure of relevant information if— (a) the person or body is a relevant person; and (b) the relevant information is disclosed to the person or body in their capacity as a relevant person. 90O Disclosure not mandatory Nothing in this Part requires the Corporation or a relevant person to disclose relevant information. Note The Corporation or a relevant person is entitled not to disclose relevant information in the absence of a legal obligation to disclose it. 90P Freedom of Information Act 1982 (1) A document which contains relevant information is an exempt document within the meaning of section 38 of the Freedom of Information Act 1982. (2) Subsection (1) does not limit the operation of section 38 of the Freedom of Information Act 1982. s. 7 -- 19 of 33 -- Part 2—Amendments to Road Safety Act 1986 Relating to Use and Disclosure of Information Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 No. 55 of 2013 18 Authorised by the Chief Parliamentary Counsel 90Q Offences (1) The Corporation or a relevant person or a person who has been a relevant person must not use or disclose relevant information other than as authorised by this Part— (a) knowing that the use or disclosure is not so authorised; or (b) being reckless as to whether the use or disclosure is so authorised. Penalty: 120 penalty units or imprisonment for 12 months. (2) A person who obtains relevant information under an information protection agreement must not use or disclose that information other than in accordance with the information protection agreement— (a) knowing that the use or disclosure is not in accordance with the agreement; or (b) being reckless as to whether the use or disclosure is in accordance with the agreement. Penalty: 120 penalty units or imprisonment for 12 months. (3) A person, other than a person referred to in subsection (1) or (2), to whom relevant information has been disclosed as authorised by a provision under section 90K, must not use or disclose that information other than in accordance with that provision— (a) knowing that the use or disclosure is not in accordance with that provision; or s. 7 -- 20 of 33 -- Part 2—Amendments to Road Safety Act 1986 Relating to Use and Disclosure of Information Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 No. 55 of 2013 19 Authorised by the Chief Parliamentary Counsel (b) being reckless as to whether the use or disclosure is in accordance with that provision. Penalty: 120 penalty units or imprisonment for 12 months. (4) A person who obtains relevant information other than as authorised under this Act must not use or disclose that information— (a) knowing that the information was obtained other than as authorised under this Act; or (b) being reckless as to whether the information was obtained as authorised under this Act. Penalty: 120 penalty units or imprisonment for 12 months. __________________". 8 Repeal of sections 92, 92A and 92B Sections 92, 92A and 92B of the Road Safety Act 1986 are repealed. 9 New section 103ZH inserted Before section 104 of the Road Safety Act 1986 insert— "103ZH Transitional provisions—Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 (1) Part 7B as inserted by section 7 of the Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 applies only to the use or disclosure of relevant information, within the meaning of section 90I, that occurs after the commencement of section 7 of that Act, s. 8 -- 21 of 33 -- Part 2—Amendments to Road Safety Act 1986 Relating to Use and Disclosure of Information Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 No. 55 of 2013 20 Authorised by the Chief Parliamentary Counsel irrespective of when the relevant information is collected or received. (2) Section 92, as in force immediately before the commencement of section 8 of the Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013, continues to apply to the use and disclosure of information referred to in section 92(2)(a), as so in force, that occurred before the commencement of section 8 of that Act. (3) A confidentiality agreement entered into under section 92(4) before the commencement of section 8 of the Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 that is in force on that commencement is taken to be an information protection agreement under section 90N.". __________________ s. 9 -- 22 of 33 -- Part 3—Amendments to other Acts Relating to Use and Disclosure of Information Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 No. 55 of 2013 21 Authorised by the Chief Parliamentary Counsel PART 3—AMENDMENTS TO OTHER ACTS RELATING TO USE AND DISCLOSURE OF INFORMATION 10 Amendment of Marine Safety Act 2010 For section 306(2) of the Marine Safety Act 2010 substitute— "(2) Despite subsection (1), the Safety Director or a relevant person may disclose or use information referred to in subsection (1)(a)— (a) in connection with the administration of this Act or the regulations; or (b) for the purposes of monitoring compliance with a relevant marine safety law or enforcing the requirements of this Act or the regulations; or (c) if the disclosure or use is to the National Regulator within the meaning of the Marine Safety (Domestic Commercial Vessel) National Law or any delegate of the National Regulator, for a purpose relating to the administration or enforcement of that law or marine safety; or (d) for the purposes of any legal proceedings arising out of this Act or the regulations or for the purposes of any report of such proceedings; or (e) at the direction of the Minister; or (f) in circumstances in which the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious or imminent threat to the life or health of one or more persons; or See: Act No. 65/2010 and amending Act Nos 65/2010, 29/2011, 38/2011, 78/2011, 43/2012 and 66/2012. LawToday: www. legislation. vic.gov.au s. 10 -- 23 of 33 -- Part 3—Amendments to other Acts Relating to Use and Disclosure of Information Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 No. 55 of 2013 22 Authorised by the Chief Parliamentary Counsel (g) if the disclosure or use is required or authorised by law. (2A) Despite subsection (1), the Roads Corporation may use or disclose information referred to in subsection (1)(a) in the course of using or disclosing relevant information, within the meaning of section 90I of the Road Safety Act 1986, in accordance with Part 7B of that Act.". 11 Amendment of Accident Compensation Act 1985 In section 239AAC(1) of the Accident Compensation Act 1985 for "gained" substitute "collected or received". 12 Amendment of Transport Accident Act 1986 After section 126B of the Transport Accident Act 1986 insert— "126C Disclosure of information collected or received by Roads Corporation (1) If requested to do so by the Commission, the Roads Corporation or a relevant person may disclose relevant information to the Commission to enable the Commission— (a) to determine whether a person is entitled to claim for compensation under this Act; See: Act No. 10191. Reprint No. 19 as at 11 February 2013 and amending Act Nos 76/2011 and 9/2013. LawToday: www. legislation. vic.gov.au s. 11 See: Act No. 111/1986. Reprint No. 12 as at 1 July 2011 and amending Act Nos 49/2010, 22/2012, 27/2012 and 43/2012. LawToday: www. legislation. vic.gov.au -- 24 of 33 -- Part 3—Amendments to other Acts Relating to Use and Disclosure of Information Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 No. 55 of 2013 23 Authorised by the Chief Parliamentary Counsel (b) to carry out its functions in relation to any claim for damages or claim for indemnity referred to in Part 6 or any investigation relating to a transport accident; (c) to ascertain whether a transport accident charge has been paid; (d) to disseminate road safety information to persons to whom a driver licence or learner permit has been issued under the Road Safety Act 1986; (e) to build statistical models that identify crash risk factors, compensation cost factors and the likelihood of injury or crashes for a road user or vehicle. (2) In this section— relevant information has the same meaning as it has in section 90I of the Road Safety Act 1986; relevant person has the same meaning as it has in section 90I of the Road Safety Act 1986.". 13 Amendment of Road Safety Camera Commissioner Act 2011 After section 19 of the Road Safety Camera Commissioner Act 2011 insert— "19A Disclosure of information collected or received by Roads Corporation (1) The Roads Corporation or a relevant person may disclose relevant information to the Commissioner or to the Reference Group for the purpose of the performance of functions under this Act. See: Act No. 47/2011 and amending Act No. 47/2011. LawToday: www. legislation. vic.gov.au s. 13 -- 25 of 33 -- Part 3—Amendments to other Acts Relating to Use and Disclosure of Information Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 No. 55 of 2013 24 Authorised by the Chief Parliamentary Counsel (2) In this section— relevant information has the same meaning as it has in section 90I of the Road Safety Act 1986; relevant person has the same meaning as it has in section 90I of the Road Safety Act 1986.". 14 Amendment of EastLink Project Act 2004 (1) In section 223(1) of the EastLink Project Act 2004— (a) omit "Despite anything to the contrary in section 92(2) of the Road Safety Act 1986,"; (b) for "that section" substitute "section 90I of the Road Safety Act 1986". (2) For section 223(2) of the EastLink Project Act 2004 substitute— "(2) Sections 90N and 90Q(2) and (3) of the Road Safety Act 1986 apply to a disclosure under this section as if it were a disclosure under Part 7B of that Act.". (3) In sections 242(c) and 246(1)(e) of the EastLink Project Act 2004— (a) for "sections 92 and 99A" substitute "Part 7B and section 99A"; (b) for "agreement under section 92" substitute "agreement under section 90N". See: Act No. 39/2004. Reprint No. 3 as at 21 July 2011 and amending Act Nos 61/2011 and 22/2013. LawToday: www. legislation. vic.gov.au s. 14 -- 26 of 33 -- Part 3—Amendments to other Acts Relating to Use and Disclosure of Information Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 No. 55 of 2013 25 Authorised by the Chief Parliamentary Counsel 15 Amendment of Melbourne City Link Act 1995 (1) In section 91(1) of the Melbourne City Link Act 1995— (a) for "Despite anything to the contrary in section 92(2) of the Road Safety Act 1986, the" substitute "The"; (b) for "that section" substitute "section 90I of the Road Safety Act 1986". (2) For section 91(2) and (3) of the Melbourne City Link Act 1995 substitute— "(2) Despite section 90N of the Road Safety Act 1986, the Roads Corporation or a relevant person may disclose the information under subsection (1)(a) or (1)(b) even if it has not entered into an information protection agreement under that section with the enforcement agency or person. (3) Sections 90N and 90Q(2) and (3) of the Road Safety Act 1986 apply to a disclosure under subsection (1)(aa) as if it were a disclosure under Part 7B of that Act.". 16 Amendment of Police Regulation Act 1958 In section 127A(1F) of the Police Regulation Act 1958— (a) after "in connection with" insert "an authorisation by the member under that Act of"; (b) for "section 92(3)(da)" substitute "section 90K(a)(iv)". __________________ See: Act No. 107/1995. Reprint No. 8 as at 1 August 2011 and amending Act Nos 35/2011, 61/2011, 17/2012, 82/2012 and 22/2013. LawToday: www. legislation. vic.gov.au s. 15 See: Act No. 6338. Reprint No. 14 as at 27 April 2012 and amending Act Nos 13/2012, 35/2012, 82/2012, 83/2012 and 85/2012. LawToday: www. legislation. vic.gov.au -- 27 of 33 -- Part 4—Other Amendments Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 No. 55 of 2013 26 Authorised by the Chief Parliamentary Counsel PART 4—OTHER AMENDMENTS Division 1—Other amendments to Road Safety Act 1986 17 Register of written-off vehicles For section 16D(1) of the Road Safety Act 1986 substitute— "(1) The Corporation must maintain a register of written-off vehicles that— (a) includes vehicles of the class or classes prescribed by the regulations; and (b) is kept in the manner prescribed by the regulations.". 18 General evidentiary provisions In section 84(2) of the Road Safety Act 1986, for "Evidence Act 1958" substitute "Evidence (Miscellaneous Provisions) Act 1958 or the Evidence Act 2008". 19 New section 95E inserted After section 95D of the Road Safety Act 1986 insert— "95E Gazette notices may incorporate document etc. A notice published in the Government Gazette to give effect to a provision of the rules referred to in section 95D may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether— s. 17 -- 28 of 33 -- Part 4—Other Amendments Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 No. 55 of 2013 27 Authorised by the Chief Parliamentary Counsel (a) wholly or partially or as amended by the notice; or (b) as formulated, issued, prescribed or published at the time the notice is published in the Government Gazette or at any time before then; or (c) as formulated, issued, prescribed or published from time to time.". Division 2—Amendments to Accident Towing Services Act 2007 20 Conditions on licences After section 25(1) of the Accident Towing Services Act 2007 insert— "(1A) A condition imposed on a tow truck licence under subsection (1) may prohibit a tow truck operating under the licence from— (a) attending an area specified in the licence; and (b) being used to tow, or attempt to tow, any accident damaged vehicle (regardless of its gross vehicle mass) from an area that under this Act or the licence the tow truck is prohibited from attending.". 21 When VicRoads may approve an application for accreditation (1) In section 106(b)(iii) of the Accident Towing Services Act 2007 for "objective." substitute "objective; and". See: Act No. 30/2007. Reprint No. 1 as at 1 June 2012 and amending Act Nos 21/2012, 43/2012 and 70/2012. LawToday: www. legislation. vic.gov.au s. 20 -- 29 of 33 -- Part 4—Other Amendments Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 No. 55 of 2013 28 Authorised by the Chief Parliamentary Counsel (2) After section 106(b) of the Accident Towing Services Act 2007 insert— "(c) in the case of an applicant whose place of residence is outside of Victoria— (i) the applicant proposes to provide the service in relation to which the accreditation relates from a depot within Victoria; and (ii) VicRoads is satisfied that the applicant is able to provide that service from that depot because of the proximity of the applicant's place of residence to that depot.". 22 Mandatory refusal of accreditation For section 107(1)(a) of the Accident Towing Services Act 2007 substitute— "(a) does not hold— (i) a driver licence under the Road Safety Act 1986; or (ii) in the case of an applicant whose place of residence is outside of Victoria— a driver licence issued by the jurisdiction in which the person resides; or". 23 Offence to fail to release towed vehicle After section 156(5) of the Accident Towing Services Act 2007 insert— "(6) Nothing in subsection (4) allows a person who is in control of a place to which an accident damaged motor vehicle has been towed to retain or withhold any item or thing left in or on the vehicle.". s. 22 -- 30 of 33 -- Part 4—Other Amendments Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 No. 55 of 2013 29 Authorised by the Chief Parliamentary Counsel 24 Periodic review of charges For section 212A(1)(d) of the Accident Towing Services Act 2007 substitute— "(d) any other matter relating to accident towing services, the storage of accident damaged vehicles or salvage that the Minister specifies in writing.". Division 3—Miscellaneous amendments to other Acts 25 Amendment of Melbourne City Link Act 1995 In section 12C(1)(f) of the Melbourne City Link Act 1995, for "section 4" substitute "section 42(3)" . 26 Amendment of Road Management Act 2004 (1) In section 37(1)(d)(iii) of the Road Management Act 2004, for "subparagraphs (i) and (ii)" substitute "subparagraphs (i), (ii) and (iia)". (2) In section 42(1) and (2) of the Road Management Act 2004, for "co-ordinating" substitute "coordinating". (3) In the example at the foot of section 44(2) of the Road Management Act 2004, for "major traffic control item" substitute "major traffic control device". (4) In section 134A(2) and (3) of the Road Management Act 2004, for "co-ordinating" substitute "coordinating". (5) In section 134B(7) of the Road Management Act 2004, for "this section" substitute "this clause". (6) In clause 16(9) of Schedule 7 of the Road Management Act 2004, for "this section" substitute "this clause". __________________ s. 24 See: Act No. 12/2004. Reprint No. 3 as at 16 June 2011 and amending Act Nos 61/2011, 50/2012 and 70/2012. LawToday: www. legislation. vic.gov.au -- 31 of 33 -- Part 5—Repeal Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 No. 55 of 2013 30 Authorised by the Chief Parliamentary Counsel PART 5—REPEAL 27 Repeal of Act This Act is repealed on 1 January 2015. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 27 -- 32 of 33 -- Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 No. 55 of 2013 31 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 12 June 2013 Legislative Council: 22 August 2013 The long title for the Bill for this Act was "A Bill for an Act to amend the Road Safety Act 1986 and other Acts in relation to the use and disclosure of information and other matters and for other purposes." Endnotes -- 33 of 33 --