Page 4413 - Week 10 - Thursday, 22 September 2011

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traffic offence detection device is not disclosed by the authority to another person except—

(a) in connection with the enforcement of the road transport legislation; or

Examples

1 to a police officer for deciding whether to issue an infringement notice

2 to a prosecutor for preparing a prosecution

3 to a contractor engaged to service a traffic offence detection device

Note  An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(b) if the disclosure of the information is reasonably necessary for the enforcement of the criminal law or a law imposing a monetary penalty; or

(c) if the disclosure of the information is required or authorised by—

(i) a law of the Territory; or

Example

to a person who can ask for a copy of the image under s 27

(ii) a law of the Commonwealth; or

(iii) an order of a court of competent jurisdiction.

29B  Use, retention and disclosure of images by other people

A person to whom an image taken by a traffic offence detection device is disclosed under section 29A—

(a) may use the image only for the purpose for which it was disclosed and in accordance with any applicable laws; and

(b) must not retain the image for longer than required by or for that purpose, or as required by law; and

(c) must not disclose the image to someone else unless the disclosure is required or authorised by—

(i) a law of the Territory; or

(ii) a law of the Commonwealth; or

(iii) an order of a court of competent jurisdiction.

29C  Protection of images against loss etc

The road transport authority, and any person to whom an image taken by a traffic offence detection device is disclosed under section 29A, must ensure that the image is protected by the security safeguards that it is reasonable in the circumstances to take against—

(a) loss; and

(b) unauthorised access, use, modification or disclosure; and

(c) other misuse.

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