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FOOD ACT 1984 - SECT 53F Information that must not be included in register

FOOD ACT 1984 - SECT 53F

Information that must not be included in register

    (1)     Information must not be included in the register if—

        (a)     to do so would contravene a court order suppressing the publication of the information, protecting a natural person's whereabouts or prohibiting the publication of a person's name or address;

        (b)     the Secretary is satisfied that to do so would be contrary to the purpose of an order under the Family Violence Protection Act 2008 or other similar order under any other law;

        (c)     to do so would be contrary to any other law prohibiting the publication of certain information without the need for a court order.

Example

Section 534 of the Children, Youth and Families Act 2005 .

    (2)     An address of a food premises that is a private residence must not be included in the register unless the premises is open to the general public for the purpose of selling food.

S. 53F(3) amended by Nos 60/2014 s. 140(Sch. 3 item 19.1), 20/2017 s. 134(Sch.  1 item 9(a)).

    (3)     If the Secretary considers that the inclusion of an address in the register may raise privacy issues in circumstances that are not identified in subsections (1) and (2), the Secretary must consult the Information Commissioner and take into account the advice given by the Information Commissioner in deciding whether or not to include the address in the register.

S. 53F(4) substituted by Nos 60/2014 s. 140(Sch. 3 item 19.2), 20/2017 s. 134(Sch.  1 item 9(b)).

    (4)     In this section, "Information Commissioner" means the Information Commissioner appointed under the Freedom of Information Act 1982 in the Information Commissioner's capacity under the Privacy and Data Protection Act 2014 .

S. 53G inserted by No. 42/2009 s. 27.