Victorian Consolidated Legislation

Meat Industry Act 1993 - SECT 57

Confidentiality

57. Confidentiality



(1) Subject to subsection (3), a person who is, or has been a member, officer
or employee of the Authority, or an inspector must not directly or indirectly,
except in the performance of duties or exercise of powers under this Act or
the Seafood Safety Act 2003, make a record of, or divulge to any person, any
information with respect to the affairs of another person acquired by the
first-mentioned person in the performance of those duties or exercise of those
powers.

Penalty: 50 penalty units.

(2) Subject to subsection (5), a person is not, except for the purposes of
this Act or the Seafood Safety Act 2003, required-

   (a)  to produce in a court a document that has come into his or her
        possession or under his or her control; or





   (b)  to divulge to a court any information that has come to his or her
        notice-

in the performance of duties or exercise of powers under this Act or the
Seafood Safety Act 2003.

(3) A person may-

   (a)  divulge specified information to such persons as the Minister directs
        if the Minister certifies that it is necessary in the public interest
        that the information should be so divulged; or

   (b)  divulge information to a prescribed authority or prescribed person; or

   (c)  divulge information to a person who is expressly or impliedly
        authorised by the person to whom the information relates to obtain it.

(4) An authority or person to whom information is divulged under subsection
(3), and a person or employee under the control of that authority or person,
is subject, in respect of that information, to the same rights, privileges,
obligations and liabilities under this section as if that authority, person or
employee were a person performing duties under this Act or the
Seafood Safety Act 2003 and had acquired the information in the performance of
those duties.

(5) If-

   (a)  the Minister certifies that it is necessary in the public interest
        that specified information should be divulged to a court; or





   (b)  a person to whom information relates has expressly authorised it to be
        divulged to a court-

a person may be required-

   (c)  to produce in the court any document containing the information; or

   (d)  to divulge the information to the court.

(6) In this section-

court includes any tribunal, authority or person having power to require the
production of documents or the answering of questions;

produce includes permit access to.