Document ID: chunk:federal_register_of_legislation:F2021L01464:reg:9:p1
Version: federal_register_of_legislation:F2021L01464
Segment Type: reg
Provision Reference: reg 9 (pt 1/2)
Character Range: 10525–13322

9  Circumstances in which personal information may be sought
 (1) For the purposes of subsection 57DB(7) of the Act, this section sets out circumstances in which personal information about an individual covered by subsection 57DB(6) of the Act may be sought. Personal information of that kind may not be sought otherwise than as provided for in this section.
Note 1: The entity seeking personal information may not be the data provider. For example, the data provider may provide scheme information for use by the individual through a third party.
Note 2: The collection, use and disclosure of the personal information covered by this section must also be in accordance with the Privacy Act 1988. The data provider must also comply with sections 57DC and 57DD (about use, disclosure, storage etc.) of the Act if the information is sensitive information.

Name, residential address and Australian repairer/RTO relationship
 (2) The following personal information about an individual may be sought in the form of a written declaration each time safety and security information is requested for use by the individual:
 (a) the individual's name and residential address;
 (b) information about the individual's relationship to the Australian repairer or scheme RTO (as the case may be).

Qualifications
 (3) The qualifications of an individual referred to in paragraph 7(2)(a) or (b) (about safety training) may be sought each time safety information is requested for use by the individual. This information may be sought in the form of a written declaration.
 (4) Evidence of the qualifications may be sought if evidence of the qualifications has not previously been provided to the entity from which the information is sought or a representative of the entity.

Criminal records check
 (5) A criminal records check about an individual may be sought when security information is requested for use by the individual if the check is a national police check.
 (6) However, a national police check about the individual may not be sought if:
 (a) the entity from whom the information is sought or a representative of the entity:
 (i) is, or has previously been, provided with a national police check report about the individual dated no earlier than 2 years before the request; or
 (ii) is, or has previously been, provided with evidence that the individual holds a repairer licence that was issued or renewed no earlier than 2 years before the request; and
 (b) the entity or representative is provided with a written declaration made by the individual for the purposes of satisfying the applicable paragraph in subsection 7(3).

Repairer licence
 (7) Details of a repairer licence held by an individual may be sought each time security information is requested for use by the individual. The details may