Commonwealth Consolidated Acts

DAIRY PRODUCE ACT 1986 - SECT 119

             (1)  This section applies to every person who is or has been an officer or an employee of the industry services body.

             (2)  Subject to this section, a person to whom this section applies shall not, either directly or indirectly:

                     (a)  make a record of, or divulge or communicate to any person, any information concerning the affairs of a person acquired by that first‑mentioned person by reason of that first‑mentioned person's office or employment with the industry services body and acquired under or for the purposes of this Act; or

                     (b)  produce to any person:

                              (i)  an application or other document given to the Australian Dairy Corporation by a manufacturer of dairy produce for the purpose of obtaining a market support payment under this Act as in force before the conversion time; or

                             (ii)  an application or other document given to that Corporation by a person for the purposes of section 99 of this Act as in force before the conversion time; or

                            (iii)  a return furnished to that Corporation by an exporter of dairy produce pursuant to section 110 of this Act as in force before the conversion time.

Penalty:  $2,000 or imprisonment for 12 months, or both.

          (2A)  Paragraph (2)(a) does not apply to protected information within the meaning of clause 43 of Schedule 2.

          (2B)  Subsection (2) does not apply to the recording or disclosure of information, or the production of a document, for a purpose in connection with the administration of:

                     (a)  the DSAP scheme (within the meaning of Schedule 2); or

                    (aa)  the SDA scheme (within the meaning of Schedule 2); or

                     (b)  Schedule 2, or

                     (c)  the DEP scheme (within the meaning of the Farm Household Support Act 1992 ); or

                     (d)  a provision of the Farm Household Support Act 1992 in so far as that provision relates to the DEP scheme (within the meaning of that Act); or

                     (e)  dairy‑type grants (within the meaning of the Farm Household Support Act 1992 ).

             (3)  Subsection (2) does not apply to the disclosure of information, or the production of a document, to the Minister, or to the Secretary to the Department or an officer of the Department designated by the Secretary.

             (4)  Subsection (2) does not prevent the industry services body from making public at any time any information of a statistical nature.

          (4A)  Subsection (2) does not apply to conduct engaged in for the purposes of this Act or as otherwise required by law.

Note:          The defendant bears an evidential burden in relation to the matters in subsections (2A), (2B), (3), (4) and (4A). See subsection 13.3(3) of the Criminal Code .

             (5)  A person to whom information is communicated under subsection (3) and an employee or other person under the control of that first‑mentioned person are, in respect of that information, entitled to rights and privileges, and subject to obligations and liabilities, under subsection (2) as if they were persons referred to in subsection (1).

             (6)  An offence against subsection (2) is punishable on summary conviction.

             (7)  In this section, produce includes permit access to.