FOOD ACT 2008 - SECT 142

FOOD ACT 2008 - SECT 142

142 .         Certain confidential information not to be disclosed

        (1)         A person who has, in connection with the administration or execution of this Act, obtained information relating to manufacturing secrets or commercial secrets or confidential processes must not disclose that information unless the disclosure is made —

            (a)         with the consent of the person from whom the information was obtained; or

            (b)         in connection with the administration or execution of this Act; or

            (c)         for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings; or

            (d)         in accordance with a requirement imposed by or under this Act or any other law; or

            (e)         to a person administering or enforcing a law of another jurisdiction that corresponds to this Act or any other law prescribed by the regulations; or

            (f)         to Food Standards Australia New Zealand; or

            (g)         to a law enforcement authority; or

            (h)         with other lawful excuse.

        Penalty: a fine of $50 000.

        (2)         A person does not commit an offence under this section if the information was publicly available at the time the disclosure concerned was made.

        (3)         In subsection (1)(g) —

        law enforcement authority means a person or body, or a person or body within a class of persons or bodies, prescribed by the regulations for the purposes of this subsection.