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Contents (2008 - 97)
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Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 25 September 2017 at 03:28)
Part 9 Section 162
162   Disclosure of information
(1)  This section applies to a person engaged or previously engaged in the administration of this Act and (without limiting the foregoing) to the following persons:
(a)  a rail safety officer or a person assisting a rail safety officer,
(b)  a person authorised by the ITSRR or a rail safety officer under a provision of this Act to do the act or thing provided for in that provision,
(c)  a person who is or was a delegate of the ITSRR,
(d)  a person who is or was employed by, or engaged to provide services to or on behalf of, the ITSRR,
(e)  a person who is or was employed by, or engaged to provide services to, a person or body engaged to provide services to the ITSRR.
(2)  A person to whom this section applies must not disclose or communicate information obtained (whether by that person or otherwise) in the administration of this Act except:
(a)  as required or authorised by or under this or any other Act, or
(b)  with the consent of the person from whom the information was obtained or to whom the information relates, or
(c)  in connection with the administration of rail safety laws and corresponding rail safety laws, or
(d)  for law enforcement purposes, rail safety inquiries or public safety, or
(e)  to a court or in connection with any legal proceedings, or
(f)  in accordance with the regulations.
Maximum penalty: 20 penalty units.
(3)  Nothing in this section prevents information being used to enable an Australian Rail Safety Regulator to accumulate aggregate data and to enable the Australian Rail Safety Regulator to authorise use of the aggregate data for the purposes of research or education.