Australian Capital Territory Numbered Regulations

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ROAD TRANSPORT (PUBLIC PASSENGER SERVICES) REGULATIONS 2002 (2002 NO 3) - REG 32

Bus operator's responsibilities for security camera recordings

    (1)     This regulation applies to the accredited operator of a bus if the bus is fitted with a security camera.

    (2)     If a recording made by the security camera has not been given to a police officer or the road transport authority under subregulation (4), the accredited operator must ensure that the recording is—

        (a)     kept by the accredited operator for 30 days after the day it is made; and

        (b)     destroyed as soon as practicable after the end of the 30 day period.

    (3)     The accredited operator of a bus must not fail to comply with subregulation (2).

Maximum penalty: 10 penalty units.

    (4)     If a police officer or the road transport authority asks the accredited operator of a bus to give the police officer or authority a recording made by the security camera, the accredited operator must not, without reasonable excuse, fail to comply with the request.

Maximum penalty: 10 penalty units.

    (5)     The accredited operator of a bus must maintain, in good condition and fully operational, equipment that can display a recording made by the security camera.

Maximum penalty: 5 penalty units.

Note     If the National Privacy Principles under the Privacy Act 1988 (Cwlth) apply to the accredited operator, the operator must store, use and disclose the recordings in accordance with the principles. For example, the principles authorise the use or disclosure of personal information if—

        (a)     there is reason to suspect that unlawful activity has been, is being or may be engaged in, and the accredited operator uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant people or authorities (see principle 2.1 (f)); or

        (b)     the use or disclosure is required or authorised by or under law (see principle 2.1 (g)).



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