Queensland Consolidated Acts Queensland Consolidated Acts(1) A person who believes that supplying information to the Minister or to an authorised person in the discharge of an obligation under this Act will result in the disclosure of a trade secret may, by writing served on the Minister, object to discharging the obligation so far as it relates to the trade secret.
(2) The Minister may cause the matter of an objection to be investigated and may, by instrument in writing, exempt the person who has objected from the obligation in question, either absolutely or to such extent as the Minister thinks fit and specifies in the instrument.
(2A) A copy of such instrument shall be served on the person who has objected.
(3) If a person who has objected as referred to in subsection (1) is dissatisfied with the Minister's decision on the person's objection the person may appeal therefrom to a judge of District Courts.
(3A) Upon hearing an appeal the court may make an order that reverses, confirms or varies the Minister's decision as to the court appears just and such order shall be final and binding and shall be given effect.
(3B) Without limiting the orders that a court may make under subsection (3), such an order--
(a) may require the appellant to discharge the obligation referred to in subsection (1) to the extent or in the manner specified in the order;
(b) may, as a condition of the appellant discharging the obligation referred to in subsection (1), prohibit the disclosure of the information in question except in circumstances specified in the order.
(4) The following provisions apply in respect of every such appeal--
(a) it shall be instituted within 21 days after the person who is subject to the obligation referred to in subsection (1) receives notice of the Minister's decision on the person's objection;
(b) it shall be instituted and conducted in accordance with rules of court that regulate the procedure and practice of District Courts or in the absence of such a rule that adequately provides therefor, in accordance with the directions of a judge of District Courts;
(c) the room in which the hearing takes place shall not be open court;
(d) the persons entitled to be present at the hearing are the appellant, the Minister and their respective counsel, solicitors and agents;
(e) the persons permitted to be present at the hearing are officials engaged in duties for the purposes of the court and all other persons shall be excluded.
(5) Jurisdiction is hereby conferred on District Courts to hear and determine appeals under this section and it is declared that the power to make rules of court for regulating the procedure and practice of District Courts includes power to make such rules relating to such appeals.
(6) For the purposes of this section--
trade secret includes information or knowledge concerning the technology of the extraction, production or storage of liquid fuel resources or liquid fuel or concerning the marketing of liquid fuel or concerning reserves of liquid fuel or concerning the business of the person subject to the obligation referred to in subsection (1), being information or knowledge that would be expected on reasonable grounds to affect the business interests of that person if it were disclosed to another person in a like business.