New South Wales Consolidated Acts

PESTICIDES ACT 1999 - SECT 44

44 Disclosure of information

(1) A person is guilty of an offence if the person discloses any information relating to any agricultural, manufacturing or commercial secrets or working processes and obtained by the person in connection with the administration or execution of this Act or the regulations, unless the disclosure:

(a) is made with the consent of the person from whom the information was obtained, or

(b) is made in connection with the administration or execution of this Act or the regulations, or

(c) is made with the prior permission of the Minister, or

(d) is ordered by a court, or by any other body or person authorised by law to examine witnesses, in the course of, and for the purpose of, the hearing and determination by that court, body or person of any matter or thing, or

(e) is made under subsection (3).

Maximum penalty: $20,000.

(2) The Minister may grant the permission referred to in subsection (1) (c) only if the Minister is satisfied that to do so would be in the public interest.

(3) The Environment Protection Authority may communicate any matter which comes to the knowledge of the Authority in the exercise or performance of its functions under this Act or the regulations:

(a) to an officer or authority engaged in administering or executing a law of the Commonwealth or of another State or a Territory relating to pesticides, or

(b) to any person, when communication of the matter to that person is, in the opinion of the Environment Protection Authority, reasonably related to the prevention of harm that may be, or the amelioration of harm that has been, caused by a pesticide to any person, property, the environment or trade.