Queensland Consolidated Acts

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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 111J

Secrecy

111J Secrecy

(1) This section applies to a person who—
(a) is, or has been—
(i) the chief executive; or
(ii) a transit officer; or
(iii) involved in the appointment of a transit officer; and
(b) in that capacity acquired relevant information about someone else.
(2) The person must not disclose the relevant information to anyone else.
Penalty—
Maximum penalty—200 penalty units.
(3) Subsection (2) does not apply to the disclosure of information about a person, if the disclosure—
(a) is to the chief executive or a person involved in the appointment of a transit officer for the purpose of assessing the person’s suitability to be, or continue to be, a transit officer; or
(b) is with the person’s consent; or
(c) is required by another law.
(4) For this section, a person is involved in the appointment of a transit officer if—
(a) the person is involved in any part of the process the chief executive follows in deciding whether or not to appoint a person as a transit officer; or
Example—
a person who gathers information for assessing a person’s suitability to be a transit officer and makes a recommendation to the chief executive about whether the chief executive should appoint or not appoint the person as a transit officer
(b) a person is involved in any part of the process the chief executive follows in deciding whether or not to revoke the appointment of a transit officer.
Example—
a person who gathers information for assessing a person’s suitability to continue to be a transit officer, including whether or not the person has complied with provisions of this part, and makes a recommendation to the chief executive about whether the chief executive should revoke the person’s appointment as a transit officer
(5) A person involved in any way in anything done under this subdivision can not be compelled to produce to a court any document kept, or to disclose to a court any information obtained, because of the doing of the thing.
(6) Subsection (5) does not affect the operation of the Judicial Review Act 1991 .
(7) This section does not limit section 148C .
(8) In this section—

"disclose" , in relation to information about a person, includes give access to information about a person.



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