Queensland Numbered Acts

TOW TRUCK ACT 2023 - SECT 63

63 Disclosing sensitive information

(1) This section applies if—

(a) a person who is the holder of an operator accreditation obtains sensitive information in the course of conducting the authorised tow truck business for the accreditation; or

(b) a person who is an employee of the authorised tow truck business for an operator accreditation obtains sensitive information in the course of carrying out their employment.

(2) The person must not disclose the sensitive information to anyone else other than under this section.

Penalty—

Maximum penalty—100 penalty units.

(3) The person may disclose the sensitive information—

(a) to an authorised officer or another person prescribed by regulation; or

(b) to the following persons to the extent the disclosure is necessary for conducting the authorised tow truck business for the operator accreditation—

(i) an employee of the authorised tow truck business;

(ii) for a person mentioned in subsection (1) (b) —the holder of the operator accreditation; or

(c) to the extent the disclosure is required under this Act or another law; or

(d) in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.

(4) The person may also disclose the sensitive information to—

(a) if the information is personal information about an individual—the individual; or

(b) if the information is about the location to which a motor vehicle has been towed under an operator accreditation—the owner of the vehicle or the owner’s agent.

(5) In this section—

"disclose" includes give access to.

"sensitive information" means—

(a) personal information about an individual who is the owner or driver of a motor vehicle, or another individual, involved in any of the following events—

(i) an incident, or the seizure of a motor vehicle, in a regulated area;

(ii) the carrying out of private property towing in relation to a motor vehicle;

(iii) the release of a motor vehicle that has been secured to a tow truck in preparation for moving the vehicle from private property in a regulated area, if the owner of the vehicle has not expressly requested or directed the towing of the vehicle from the property; or

(b) information about the location to which a motor vehicle has been towed under an operation accreditation, unless the location is an authorised holding yard for the accreditation.