Commonwealth Numbered Acts

NATIONAL FOOD AUTHORITY ACT 1991 No. 118, 1991 - SECT 39

39. (1) It is the duty of a person who is a member of the Authority, a member
of the staff of the Authority, a member of a committee or a person engaged as
a consultant under section 54 not to disclose any confidential
commercial information in respect of food that has been acquired by the person
because of being such a member or consultant.

(2) Subsection (1) does not apply to anything done in the performance of
duties, or in the exercise of powers or functions, under this Act.

(3) Subsection (1) does not preclude the disclosure of confidential
commercial information in respect of food to a court in any proceeding but the
court must do all things necessary to prevent disclosure of that information
to any other person otherwise than for the purpose of the proceedings.

(4) Despite subsection (1), the Chairperson may, in respect of confidential
commercial information acquired in respect of food by a member of the
Authority, a member of the staff of the Authority, a member of a committee, or
a person engaged as a consultant under section 54, because of being such a
member or consultant:

   (a)  if the Minister certifies, by instrument, that it is necessary in the
        public interest that the information should be disclosed to a
        specified person - disclose that information to that person; or

   (b)  disclose that information to any prescribed authority or person; or

   (c)  disclose that information to a person who, in the opinion of the
        Chairperson, is expressly or impliedly authorised to obtain that
        information by the applicant for the development or variation of a
        standard, in respect of the food concerned.

(5) The Chairperson must not disclose any confidential commercial information
under paragraph (4) (a) in respect of food unless he or she:

   (a)  has advised the applicant, in writing, of his or her intention to
        disclose the information and of the reasons for disclosing that
        information; and

   (b)  has given the applicant a reasonable opportunity to communicate any
        views which the applicant has concerning the proposed disclosure of
        that information; and

   (c)  has taken into account any views so communicated.

(6) Any authority or person to whom information is disclosed under subsection
(4), and any person under the control of that authority or person, is, in
respect of that information, subject to the same obligations as if that
authority or person were a person referred to in subsection (1) who had
acquired the information in the circumstances set out in subsection (1).

(7) Despite subsection (1), the Chairperson may permit confidential
commercial information in respect of food to be disclosed:

   (a)  to the Secretary of a Department of the Australian Public Service or
        the Chief Officer of a Commonwealth authority for the purpose of
        enabling the Department or authority to perform any arrangements made
        with the Authority in accordance with paragraph 38 (a); or

   (b)  to the Secretary of a Department of the Public Service of a State or
        Territory or the Chief Officer of a State or Territory authority for
        the purpose of enabling the Department or authority to perform any
        arrangements made with the Authority in accordance with paragraph 38
        (b); or

   (c)  to the Chief Officer of any other authority or body for the purpose of
        enabling that authority or body to perform any arrangements made with
        the Authority in accordance with paragraph 38 (c).

(8) A person to whom information is disclosed under subsection (7) and any
person under the control of the first-mentioned person to whom that
information is disclosed for the purposes of an arrangement under section 38,
must not, directly or indirectly, except for the purposes of that arrangement,
disclose the information to any person while the person is, or after the
person ceases to be, such a person. Penalty: Imprisonment for 2 years.

(9) The powers conferred by subsection (7) are in addition to, and not in
derogation of, the powers conferred by subsection (4).

(10) Nothing in subsection (4) or (7) is taken to limit the generality of
subsection (3) or the operation of subsection (2).

(11) In this section:

"Chief Officer" means:

   (a)  in relation to a Commonwealth, State or Territory authority, whether a
        member of that authority or not - the person who has the
        responsibility of Executive Officer or Chief Executive Officer of that
        authority; and

   (b)  in relation to any other authority or body - the person who has the
        responsibility for the day to day management of that authority or
        body;

"committee" includes the Food Advisory Committee;

"court" includes a tribunal, authority or person having power to require the
production of documents or the answering of questions.