Document ID: chunk:federal_register_of_legislation:C2004A04649:body:0:p3
Version: federal_register_of_legislation:C2004A04649
Segment Type: other
Provision Reference: 
Character Range: 5647–8554

consultant to the NRA; or

      (v) a member of a committee of the NRA.

"(2) Except in the performance of functions or duties, or the exercise of powers, under this Act, a person must not intentionally or recklessly disclose, directly or indirectly, to another person any information about a chemical product or any of its constituents that:

  (a) the person knows to be confidential commercial information; and

     (b) was acquired by the person in the performance of such functions or duties or the exercise of such powers.

Penalty: Imprisonment for 2 years.

"(3) Subsection (2) does not prohibit the disclosure of information about a chemical product or constituent to a court in any proceeding but the court must do all things necessary to prevent disclosure of that information to any other person except for the purpose of the proceeding.

"(4) Despite subsection (2), a person (the 'authorised person') that the NRA has authorised to act under this subsection may:

     (a) disclose confidential commercial information about a chemical product or any of its constituents:

        (i) if the product contains an active constituent that, before the clearance of the product, was not contained in a chemical product used in Australia—by disclosing a summary of an assessment that the NRA has made of the product; or

        (ii) for the purposes of the NRA's reconsideration of the clearance of the product under section 17—by disclosing particulars of the product; or

        (iii) by disclosing, subject to any conditions prescribed by the regulations, information about the toxicology of the product; or

     (b) disclose confidential commercial information about a chemical product or any of its constituents to:

        (i) a Government or authority of the Commonwealth, of a State or of a Territory; or

      (ii) an overseas authority having similar functions to the NRA; or

     (iii) a prescribed international organisation; or

     (iv) any other prescribed authority or prescribed person; or

        (v) a person who, in the opinion of the authorised person, is expressly or impliedly authorised by the person who applied for clearance of the chemical product to obtain the information.

"(5) A person who acquires information because of a disclosure under subsection (4), and any person under the control of that person, is, in respect of that information, subject to the same obligations and liabilities under subsection (2) as if that person were a person performing duties under this Act and had acquired the information in the performance of those duties.

"(6) Despite subsection (2), the authorised person may permit confidential commercial information about a chemical product or any of its constituents to be disclosed to a Government, authority, organisation or person for the purpose of enabling the Government, authority, organisation or person to give advice to