Document ID: chunk:federal_register_of_legislation:C2024C00508:section:162:p3
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 162 (pt 3/4)
Character Range: 452310–455148

in accordance with section 8 of the Agricultural and Veterinary Chemicals (Administration) Act 1992; or
 (b) if the person is a co‑ordinator for a jurisdiction—for the purpose of enabling the co‑ordinator to make a recommendation to the APVMA in accordance with paragraph 111(1)(c).
Note: The defendant bears an evidential burden in relation to the matter in subsection (7). See subsection 13.3(3) of the Criminal Code.
 (8) A person who acquires information because of a disclosure under subsection (7), and any person who is or has been under the control of that person, must not disclose that information, directly or indirectly, to any person if the person disclosing the information knows that the information is confidential commercial information.
Penalty: Imprisonment for 2 years.
 (8A) Subsection (8) does not apply to conduct engaged in with the intention of providing advice to the APVMA in accordance with section 8 of the Agricultural and Veterinary Chemicals (Administration) Act 1992 or making a recommendation to the APVMA in accordance with paragraph 111(1)(c).
Note: The defendant bears an evidential burden in relation to the matter in subsection (8A). See subsection 13.3(3) of the Criminal Code.
 (8B) In subsection (8), strict liability applies to the physical element of circumstance, that the disclosure was under subsection (7).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (9) If a person who is or has been a director, the Chief Executive Officer, or a member of the staff, of the APVMA, or is or has been a consultant to the APVMA, a mediator or arbitrator appointed under this Code, or a co‑ordinator designated for a jurisdiction, has disclosed to another person, except under subsection (3) or (7), any confidential commercial information about an active constituent for a proposed or existing chemical product, or about a chemical product or any of its constituents, that was acquired by the first‑mentioned person in the performance of functions or duties, or the exercise of powers, under this Code, the other person, and any person who is or has been under the control of the other person, must not disclose that information, directly or indirectly, to any person if the person disclosing the information knows that the information is confidential commercial information.
Penalty: Imprisonment for 2 years.
 (9A) In subsection (9), strict liability applies to the physical elements of circumstance, that:
 (a) the acquisition of the information by the first‑mentioned person was in the performance of functions or duties, or the exercise of powers, under this Code; and
 (b) the disclosure mentioned first in that subsection was made other than under subsection (3) or (7).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (10) The powers conferred by subsection