Section 58BV — Competition and Consumer Act 2010 (Cth)

(1) The SPF general regulator may disclose information relating to either of the following actions (a scamming action):

(a) a scam (as defined in section 58AG);

(b) a scam (within the ordinary meaning of that expression);

to an entity mentioned in subsection (2).

Note 1: This includes disclosing SPF personal information, but such information may first need to be de‑identified (see subsection (4)).

Note 2: The SPF general regulator can also disclose the information to an SPF sector regulator (see section 58EG).

(2) The entities are as follows:

(a) a regulated entity;

(b) a Commonwealth agency or authority involved in developing Government policy relating to this Part;

(c) a law enforcement agency of the Commonwealth, or of a State or Territory;

(d) an agency of a foreign country, or of part of a foreign country, that:

(i) is a law enforcement agency; or

(ii) is a regulatory agency responsible for scam prevention;

if subsection (3) applies to a disclosure of information to the agency.

(3) This subsection applies to a disclosure of information to a foreign agency if the SPF general regulator is satisfied that:

(a) the agency has given an undertaking for the following:

(i) controlling the storage and handling of the information;

(ii) controlling the use that will be made of the information;

(iii) ensuring that the information will be used only for the purpose for which it is disclosed to the agency; and

(b) it is appropriate, in all the circumstances, to disclose the information to the agency.

(4) SPF personal information may be disclosed under subsection (1). However, for a disclosure to an entity mentioned in paragraph (2)(b) such information must be de‑identified unless the SPF general regulator reasonably believes that doing so would not achieve the object of this Part.

Related sections

• s 58BS — Reporting scams to SPF regulators—civil penalty provisions
• s 58BT — Authorised third party data gateways, portals or websites for accessing reports
• s 58BU — Relationship with other duties and obligations
• s 58BW — Simplified outline of this Subdivision
• s 58BX — Taking reasonable steps to disrupt activities that are the subjects of actionable scam intelligence—civil penalty provision
• s 58BY — Reporting about the outcomes of investigations of activities that are the subjects of actionable scam intelligence—civil penalty provision

Research how courts apply s 58BV

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.