Document ID: chunk:federal_register_of_legislation:C2004C01404:clause:3_11
Version: federal_register_of_legislation:C2004C01404
Segment Type: clause
Provision Reference: sch 3 cl 11
Character Range: 11694–13602

11  Release of information

 (1) Subject to subsection (2), information collected under the activities referred to in section 8 using funds paid or reimbursed out of the Reserve that identifies a particular person may not be released to any other person.

 (2) Information of a kind mentioned in subsection (1) may be released:
 (a) to authorities of the Commonwealth, of a State or of a Territory that are responsible for the monitoring or regulation of agricultural or veterinary chemical residues and contaminants in applicable products or the environment for the purpose of such monitoring or regulation or the management of associated risks; and
 (b) to a person whom the Secretary has approved in writing to be an appropriate person to be granted access to the information.

 (3) The Secretary may approve a person to be an appropriate person for the purposes of paragraph (2)(b) only if the Secretary is satisfied that the person requires the relevant information to enable the person to monitor, regulate or manage agricultural or veterinary chemical residues or contaminants in applicable products or the environment.

 (4) An approval is to specify:
 (a) each person who may be granted access to the relevant information under paragraph (2)(b); and
 (b) the purpose or purposes for which the information can be used.

 (5) A person to whom information is released under paragraph (2)(b) commits an offence if the information is used otherwise than for a purpose specified in the approval.

Penalty: Imprisonment for 12 months.

 (6) This section does not affect the operation of section 27 of the Primary Industries Levies and Charges Collection Act 1991.

 (7) The Secretary may, in writing, delegate to an APS employee in the Department the power to give approvals under paragraph (2)(b).

 (8) A delegate is, in the exercise of a delegated power, subject to the directions of the Secretary.