(a) information about a person (a
"client" ) is received by the Minister, the chief executive or the regulator
(the
"entity" ) under section 13or chapter 2 , part 4 , division 1 or chapter 3 ;
and
(c) the entity believes disclosure
of the information—
(i) would be likely to damage the client’s commercial
activities; and
(ii) would not be in the public interest.
(2) The entity
must take all reasonable steps to ensure the information is not, without the
client’s consent, disclosed to another person other than—
(a) an employee
of the department or the health department who receives the information in the
course of the employee’s duties; or
(b) the chief executive of the health
department, if the disclosure is for the purpose of preventing or minimising a
risk, or potential risk, to public health; or
(c) an investigator for the
purpose of an investigation; or
(d) the Minister, the chief executive or the
regulator.
(3) An employee mentioned in subsection (2) (a) must not disclose
to any person information the employee obtains under subsection (2) .
(4) In
this section—
"commercially sensitive" means reasonably expected to affect adversely the
client’s commercial activities, if made publicly available.
"investigator" means a person—
(a) engaged by the regulator under
section 468; or
(b) appointed under an Act for the purpose of monitoring or
enforcing that Act or another law.
