New South Wales Consolidated Acts
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FAIR TRADING ACT 1987 - SECT 17AB
Exchange of information
(1) The Secretary may enter into, or approve of, an arrangement (an
"information sharing arrangement" ) with a relevant agency for the purposes of
sharing or exchanging information held by the Secretary and the agency.
(2)
The information to which an information sharing arrangement may relate is
limited to the following-- (a) information concerning investigations, law
enforcement, assessment of complaints, licensing or disciplinary matters,
(b)
probity assessments and reference checks concerning persons who provide, or
propose to provide, goods or services to consumers,
(c) any other information
affecting the interests of consumers,
(d) any other information of a type
prescribed by the regulations.
(3) Under an information sharing arrangement,
the Secretary and the relevant 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,
but only to the extent that the information is reasonably necessary-- (c) to
assist in the exercise of functions (
"existing NSW fair trading functions" ) under this Act (or any other Act
administered by the Minister, whether solely or jointly with another Minister)
or of the functions of the relevant agency concerned, or
(d) to assist in a
proposed transfer of existing NSW fair trading functions to the
relevant agency concerned or a proposed transfer of functions of the
relevant agency concerned to the Minister, Secretary or other
fair trading agency of the State.
(4) The Secretary may also (whether as part
of an information sharing arrangement or otherwise)-- (a) refer any matter
(including any complaint) with respect to fair trading or that affects the
interests of consumers to a fair trading agency or law enforcement agency, and
(b) receive any such matter from a fair trading agency or
law enforcement agency, and
(c) conduct a joint investigation into any such
matter with a fair trading agency or law enforcement agency.
(5) Any such
fair trading agency or law enforcement agency is, despite any other Act or law
of the State, authorised to refer such a matter to the Secretary or to conduct
an investigation into the matter jointly with the Secretary.
(6) This section
does not-- (a) limit the functions that may be exercised by the Secretary
under section 9, or
(b) require the Secretary to provide information to a
relevant agency only in accordance with an information sharing arrangement
where that information can otherwise be lawfully provided, or
(c) limit the
operation of any other Act or law under which a relevant agency is authorised
or required to disclose information to another person or body.
(7) In this
section--
"fair trading agency" means an agency of the State, or of the Commonwealth,
another State or Territory or an overseas jurisdiction, that exercises
functions under an enactment with respect to fair trading.
"information" includes reports, recommendations, opinions, assessments and
operational plans.
"law enforcement agency" means-- (a) the NSW Police Force or the police force
of another State or Territory or of an overseas jurisdiction, or
(b) the
Australian Federal Police, or
(c) the New South Wales Crime Commission, or
(d) the Australian Crime Commission, or
(e) any other authority or person
responsible for the investigation or prosecution of offences against the laws
of the State or of the Commonwealth, another State or Territory or an overseas
jurisdiction.
"relevant agency" means-- (a) a fair trading agency, or
(b) a
law enforcement agency, or
(c) any other agency of the State or of the
Commonwealth, another State or Territory or an overseas jurisdiction, or
(d)
any other person or body that exercises functions, in the public interest,
that involve protecting the interests of consumers.
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