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IMPORTED FOOD CONTROL ACT 1992 No. 221 of 1992 - SECT 47

Breaches of confidence
47.(1) Section 16 of the Principal Act is amended:

   (a)  by omitting subsection (4) and substituting the following subsection:

"(4) Nothing in subsection (2) prohibits:

   (a)  the disclosure of cargo reports under section 64AB of the Customs Act
        1901 to AQIS for the purpose of determining whether or not:

        (i)    there has been a breach of the Quarantine Act 1908; or

        (ii)   there is a requirement to exercise powers under that Act; or

   (b)  the disclosure of cargo reports under that section to a port authority
        for the purpose of enabling the authority to gather statistics or
        compute liability for wharfage charges; or

   (c)  the disclosure to authorised officers of AQIS of information contained
        in entries made under section 71A of the Customs Act 1901 to the
        extent that the entries relate to the importation of food, for the
        purpose of enabling those authorised officers to exercise their powers
        under the Imported Food  Control Act 1992 .";

   (b)  by omitting subsection (6) and substituting the following subsections:

"(6) The reference in subsection (4) to disclosure of information includes:

   (a)  so far as it relates to paragraphs (4)(a) and (b)-disclosure by way of
        the provision of computer access to the Sea Cargo Automation System or
        the Air Cargo Automation System referred to in section 67A of the
        Customs Act 1901; and

   (b)  so far as it relates to paragraph (4)(c)-disclosure by way of the
        provision of computer access to that information.

"(7) In this section:
'AQIS' means the operating group within the Department of Primary Industries
and Energy having responsibility in relation to the administration of the
Imported Food Control Act 1992 and of the Quarantine Act 1908;
'authorised officer of AQIS' means the Secretary to the Department of Primary
Industries and Energy or an officer of AQIS appointed by the Secretary under
the Imported Food Control Act 1992 to be an authorised officer for the purpose
of any provision of that Act;
'food' has the same meaning as in the Imported Food Control Act 1992.". 


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