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DAIRY PRODUCE ACT 1986 - SECT 119 Secrecy

DAIRY PRODUCE ACT 1986 - SECT 119

Secrecy

  (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:   Imprisonment for 12 months or 20 penalty units , 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.

  (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.