Document ID: chunk:federal_register_of_legislation:C2024C00598:clause:1_341r:p1
Version: federal_register_of_legislation:C2024C00598
Segment Type: clause
Provision Reference: sch 1 cl 341R (pt 1/2)
Character Range: 1021696–1024374

341R  Disclosure of Australian Heritage Council's assessments and advice
 (1) A member of the Australian Heritage Council has a duty not to disclose the following to a person other than the Minister, an employee in the Department whose duties relate to the Council or another member of the Council:
 (a) an assessment under section 341JG whether a place meets any of the Commonwealth Heritage criteria, any information relating to the assessment or any information about the nomination (if any) that led to the making of the assessment;
 (b) advice under section 341M concerning a place or any information relating to the advice.
 (2) However:
 (a) the duty not to disclose a thing described in paragraph (1)(a) in relation to a place does not exist after:
 (i) publication in the Gazette of an instrument under paragraph 341JI(1)(a) or subsection 341JP(1) in relation to the place; or
 (ii) the Minister decides under paragraph 341JI(1)(b) not to include the place in the Commonwealth Heritage List; and
 (b) the duty not to disclose a thing described in paragraph (1)(b) in relation to a place does not exist after:
 (i) registration under the Legislation Act 2003 of an instrument under section 341L relating to the place; or
 (ii) the Minister decides under section 341M not to remove the place or a part of the place, or one or more of the place's Commonwealth Heritage values, from the Commonwealth Heritage List.
 (2A) This section does not prevent the Australian Heritage Council from informing a person, or having discussions with a person, about the consequences that result or may result from:
 (a) a place being, or not being, included in the Commonwealth Heritage List; or
 (b) Commonwealth Heritage values of a place being, or not being, included in the List; or
 (c) a place or part of a place, or one or more Commonwealth Heritage values of a place, being removed from the List.
 (2B) Subsection (1) does not apply to a disclosure of particular information if:
 (a) the Chair of the Australian Heritage Council requests the Minister to give permission to disclose that information to a particular person (or persons within a particular group of persons); and
 (b) the Minister gives that permission; and
 (c) the disclosure is made to that person (or a person within that group).
 (3) After a member of the Australian Heritage Council has ceased under subsection (2) to have a duty not to disclose:
 (a) an assessment under section 341JG whether a place meets the Commonwealth Heritage criteria; or
 (b) advice under section 341M concerning a place;
the member must give a copy of the assessment or advice to anyone who asks for it.
 (4) If:
 (a) a member of the