Document ID: chunk:federal_register_of_legislation:C2025C00158:section:44
Version: federal_register_of_legislation:C2025C00158
Segment Type: section
Provision Reference: s 44
Character Range: 72997–75383

44  Approvals for secondary disclosure by declared recipient bodies or statutory recipient bodies
 (1) A declared recipient body or a statutory recipient body may, in writing, make a request to the Secretary for an approval under subsection (3).
 (2) The declared recipient body or statutory recipient body may make a request under subsection (1) only if the request is for information to be disclosed to another person or body for the purpose of the information being used:
 (a) for a research and development activity; or
 (b) for marketing activities; or
 (c) for biosecurity purposes; or
 (d) for National Residue Survey purposes; or
 (e) in connection with any activity carried out, or proposed to be carried out, by the declared recipient body or statutory recipient body for the benefit of levy payers or charge payers in relation to collection commodities/services of a particular kind.
 (3) If a declared recipient body or statutory recipient body makes a request under subsection (1), the Secretary must, in writing, grant the body an approval or refuse to grant the body an approval.
 (4) An approval must specify a person or body for the purposes of paragraph 43(1)(b).
 (5) A condition of an approval is that the declared recipient body or statutory recipient body may disclose the information only to the person or body so specified and only for a purpose specified in the approval. The purpose must be one covered by subsection (2).
 (6) The Secretary may grant an approval subject to any other conditions specified in the approval.
 (7) If the Secretary grants the declared recipient body or statutory recipient body an approval, the Secretary must give that body a copy of the approval.
 (8) If the Secretary refuses to grant the declared recipient body or statutory recipient body an approval, the Secretary must give that body written notice of the refusal and of the reasons for the refusal.
 (9) An approval under subsection (3) is not a legislative instrument.

Civil penalty
 (10) A declared recipient body or a statutory recipient body contravenes this subsection if:
 (a) an approval granted to the body under subsection (3) is in force; and
 (b) the approval is subject to a condition; and
 (c) the body does an act or omits to do an act; and
 (d) the act or omission breaches the condition.
Civil penalty: 60 penalty units.

Division 4—Protected information