FOOD ACT 1984 - SECT 60H Members must not disclose confidential information
FOOD ACT 1984 - SECT 60H
Members must not disclose confidential information(1) A person who is, or has been, a member of the Council must not disclose any information that is obtained by him or her as a member of the Council.
Penalty: 5 penalty units.
(2) Also, the person must not use any such information to obtain directly or indirectly any pecuniary advantage for himself or herself or for any other person.
Penalty: 5 penalty units.
(3) However, the person may disclose or use such information if—
(a) in the case of information that enables a person to be identified and that was provided by another person, the disclosure of the information is made with the consent of the Minister and of the person who is to be, or may be, identified; or
(b) in the case of all other information, the disclosure is made with the consent of the Minister and of the person from whom the information was obtained; or
(c) the disclosure or use is made in the performance of a duty under, or in connection with, this Act or any Act of the Commonwealth or of a State or Territory; or
(d) the information is in the public domain at the time it is disclosed or used.
(4) This section also applies to any person who obtained any information as a result of participating (or being asked to participate) in a meeting of the Council under section 60G as if the person was a member of the Council.
(5) Subsection (3) is not intended to interfere with any rights another person may have with regard to the disclosure or use of the information.
(6) Despite anything to the contrary in this or any other Act, a person to whom this section applies is neither competent nor compellable in any proceedings to answer any question, or to produce any document, relating to any information referred to in this section without the approval of the Minister.
(7) Despite anything to the contrary in this section, a person may disclose the identity of approved food safety auditors.
S. 60I inserted by No. 98/1997 s. 13.