Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Secretary may, by written notice, require the head of a State or Territory agency to give the Secretary information or documents that:
(a) are relevant to an application for a licence or a permit, a variation or revocation of a licence or permit or otherwise in relation to a licence or permit; and
(b) are of a kind specified in the notice; and
(c) relate to a person, location or premises specified in the notice.
Note: For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901 .
(2) The Secretary must not give a notice under subsection (1) to the head of an agency unless the Secretary reasonably believes:
(a) that the head of the agency has, or can reasonably acquire, the information or documents; and
(b) that the information or documents are relevant for the purposes of considering an application for a licence or permit, or are otherwise relevant to a licence or permit.
(3) The head of an agency who is given a notice under subsection (1) must, as soon as practicable after the notice is given, comply with the notice to the extent that he or she has, or can reasonably acquire, the information or documents specified in the notice.
(3A) Despite subsection (3), the head of an agency is not required to give the Secretary information if:
(a) the holder of the information has advised the head of the agency that the holder knows or believes that the information is sensitive law enforcement information; and
(b) the head of the agency informs the Secretary of that advice.
(4) Despite subsection (3), the registrar (however described) of a court is not required to comply with a notice under subsection (1) to the extent that the information or documents specified in the notice, in relation to a person specified in the notice, are information or documents that relate to proceedings that have not been finally determined by the court.
(5) The head of an agency is authorised to comply with a notice under subsection (1), even if the giving or collecting of the information or documents specified in the notice would contravene a law of a State or a Territory that:
(a) primarily relates to the protection of the privacy of individuals; and
(b) prohibits or regulates the use or disclosure of personal information.
(6) A person is not liable to:
(a) any proceedings for contravening a provision of a law referred to in subsection (5); or
(b) civil proceedings for loss, damage or injury of any kind suffered by another person;
merely because the person gives information or documents to the Secretary, or collects information or documents, for the purposes of ensuring that the head of an agency complies with a notice under subsection (1).
(7) If the Secretary requires personal information about an individual, the giving of the information by the person to whom the request is made, and the collection of the information, is taken to be authorised by this Act for the purposes of the Privacy Act 1988 .