New South Wales Consolidated Acts

COMPANION ANIMALS ACT 1998 - SECT 83K

83K Exchange of information with other Australian jurisdictions

(1) Relevant information held by the Departmental Chief Executive may be provided to a relevant inter-State enforcement agency for the purposes of the administration or enforcement by that agency of legislation concerning animal welfare or management, including the prevention of cruelty to animals.

(2) The Departmental Chief Executive may enter into an arrangement (an
"information sharing arrangement" ) with a relevant inter-State enforcement agency for the purpose of sharing or exchanging relevant information held by the Departmental Chief Executive or the agency.

(3) The
"relevant information" held by the Departmental Chief Executive that may be provided under this section, and to which an information sharing arrangement may relate, is limited to the following--

(a) information concerning the contravention of this Act or the regulations,

(b) information concerning an offence under the Prevention of Cruelty to Animals Act 1979 or section 530 or 531 of the Crimes Act 1900 ,

(c) information concerning the registration of companion animals under this Act,

(d) details of complaints relating to animal welfare,

(e) any other information of a type prescribed by the regulations.

(4) Under an information sharing arrangement, the Departmental Chief Executive and the relevant inter-State enforcement agency are, despite any other Act or law of the State, authorised--

(a) to request and receive information held by the other party to the arrangement, and

(b) to disclose information to the other party, and

(c) to hold and use the information so received.

(5) Subsection (4) applies only to the extent that the information is reasonably necessary to assist in the exercise of functions under this Act or of the functions of the relevant inter-State enforcement agency concerned that relate to animal welfare or management, including the prevention of animal cruelty.

(6) This section does not--

(a) require the Departmental Chief Executive to provide information to a relevant inter-State enforcement agency only in accordance with subsection (1) or with an information sharing arrangement where that information can otherwise be lawfully provided, or

(b) limit the operation of any other Act or law under which a relevant inter-State enforcement agency is authorised or required to disclose information to another person or body.

(7) In this section--

"information" includes reports, recommendations, opinions, assessments and operational plans.

"relevant inter-State enforcement agency" means an agency of the Commonwealth or another State or Territory that has functions concerning the enforcement of a law about animal welfare or management, including the prevention of cruelty to animals, and includes the following--

(a) a police force,

(b) an animal welfare body,

(c) a local government body,

(d) a government department or public authority.