Document ID: chunk:federal_register_of_legislation:C2012C00839:clause:2_59ab:p1
Version: federal_register_of_legislation:C2012C00839
Segment Type: clause
Provision Reference: sch 2 cl 59AB (pt 1/3)
Character Range: 39952–42710

59AB  Disclosing information to private sector bodies
 (1) The CEO may disclose ACC information to a body corporate that is prescribed, or is included in a class of bodies corporate that is prescribed, by the regulations for the purposes of this section if:
 (a) the CEO considers it appropriate to do so; and
 (b) the CEO considers that disclosing the information to the body is necessary for a permissible purpose; and
 (c) the body has undertaken, in writing, not to use or further disclose the information except:
 (i) as referred to in subsection (3); or
 (ii) as required by a law of the Commonwealth, a State or a Territory; and
 (d) the body has undertaken, in writing, to comply with any conditions the CEO specifies under subsection (4) or (5); and
 (e) disclosing the ACC information:
 (i) would not prejudice the safety of a person, or prejudice the fair trial of a person who has been charged with an offence; and
 (ii) would not be contrary to a law of the Commonwealth, a State or a Territory that would otherwise apply.
Note: This section is subject to any relevant direction given under subsection 25A(9) (see section 59AC).

Limitations on disclosing information under subsection (1)
 (2) The CEO may disclose ACC information to a body corporate under subsection (1) only if:
 (a) for information that is personal information (within the meaning of the Privacy Act 1988)—the CEO considers that disclosing the information is necessary for the purposes of:
 (i) preventing criminal offences or activities that might constitute criminal offences (including under a law of a foreign country); or
 (ii) detecting criminal offences or activities that might constitute criminal offences (including under a law of a foreign country); or
 (iii) facilitating the collection of criminal information and intelligence in relation to criminal offences or activities that might constitute criminal offences (including under a law of a foreign country); and
 (b) in any case—the information is not confidential commercial information relating to another body or person.

Specifying purposes and conditions etc.
 (3) The CEO must specify, in writing, any permissible purpose for which the ACC information may be used or further disclosed.
 (4) If the CEO discloses ACC information that is personal information (within the meaning of the Privacy Act 1988) to a body corporate, the CEO must specify, in writing:
 (a) one or more conditions that the body corporate must meet in relation to monitoring and controlling any further disclosure of that information by an employee or officer of the body corporate; and
 (b) a condition that the information is not to be disclosed to a person who is not an employee or officer of the body corporate, other than in any