(1)  The Secretary may, with the approval of the Minister, declare information about a listed taxon of flora or fauna or any plan, agreement, determination or interim protection order to be confidential if the Secretary is of the opinion that disclosure of that information is likely to result in any harm being done to the flora or fauna or its habitat.

(2)  If, in the course of performing duties under this Act, a person receives information which has been declared to be confidential, that person must not disclose or make use of that information except to the extent necessary to perform his or her duties or for the purpose of legal proceedings.

Penalty:  Fine not exceeding 20 penalty units.