FOOD ACT 1984 - SECT 54 Secrecy
FOOD ACT 1984 - SECT 54
SecrecyS. 54(1) amended by No. 42/2009 s. 28(2).
(1) Except as provided by subsection (2), an authorized officer shall not disclose information or publish a document or part of a document obtained by him in connexion with the administration of this Act unless the disclosure or publication is made—
(a) with the consent of the person from whom the information or document was obtained;
S. 54(1)(b) substituted by No. 42/2009 s. 28(1).
(b) in accordance with any Act or regulation; or
S. 54(1)(ba) inserted by No. 42/2009 s. 28(1).
(ba) in connection with the administration of—
(i) this Act or the regulations; or
S. 54(1)(ba)(ii) amended by No. 60/2012 s. 65.
(ii) any other Act or regulation that applies to, or regulates, the premises or the activities at the premises to which the disclosure relates; or
S. 54(1)(bb) inserted by No. 42/2009 s. 28(1).
(bb) to a person or body administering or enforcing—
(i) a corresponding law; or
(ii) a law that relates to the safety or suitability of food; or
(iii) the Aged Care Act 1997 of the Commonwealth; or
(iv) any other law of a State or the Commonwealth prescribed by the regulations; or
S. 54(1)(bc) inserted by No. 42/2009 s. 28(1).
(bc) to prevent or lessen a serious threat to public health; or
(c) for the purposes of any proceedings under or arising out of this Act or a report of any such proceedings.
Penalty: For a first offence 60 penalty units, and for a second or subsequent offence 100 penalty units.
S. 54(2) amended by Nos 10262 s. 4, 98/1997 s. 16(a), substituted by No. 42/2009 s. 28(3).
(2) A person does not commit an offence under subsection (1) if the information or the information contained in the document was publicly available before, or at the time, the information was disclosed or the document was published.
S. 54(3) amended by Nos 10262 s. 4, 98/1997 s. 16(a), repealed by No. 42/2009 s. 28(4).
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(4) Notwithstanding subsection (1)(c), an authorized officer appearing as a witness in any proceedings under or arising out of this Act shall not be compelled to produce any reports made or received by him confidentially in his official capacity or containing confidential information.
S. 54A inserted by No. 98/1997 s. 14.