Document ID: chunk:federal_register_of_legislation:C2004A05355:clause:1_4
Version: federal_register_of_legislation:C2004A05355
Segment Type: clause
Provision Reference: sch 1 cl 4
Character Range: 5294–7991

4  Secrecy

(1) This item applies to a person who is or has been:
 (a) a member of the Australian Science, Technology and Engineering Council (the Council); or
 (b) a member of a committee of the Council appointed under section 24 of the Australian Science, Technology and Engineering Council Act 1978 (the repealed Act); or
 (c) a member of the staff of the Council; or
 (d) an officer or employee of a Commonwealth authority performing services for the Council; or
 (e) a consultant to the Council.

(2) A person to whom this item applies must not, either directly or indirectly, except for the purposes of the repealed Act or with the permission of the Minister:
 (a) make a record of, or divulge or communicate to any person, any information acquired by reason of his or her appointment under the repealed Act or in the performance of functions or duties, or the exercise of powers, under or in connection with the repealed Act or this Schedule; or
 (b) produce to any person a document supplied to, lodged with, or otherwise acquired by, the Council under the repealed Act or this Schedule.

Penalty: 30 penalty units.

(3) The Minister must not give permission under subitem (2) in relation to any information or document if:
 (a) the information or document was received by the Council in confidence and was not obtainable by the Council otherwise than in confidence; or
 (b) the granting of permission would be contrary to the public interest because it would prejudice:
 (i) Australia's security, defence or international relations; or
 (ii) relations between the Commonwealth and any State.

(4) If particular information or a particular document is not information or a document in relation to which permission has been given by the Minister under subitem (2), a person to whom this item applies must not be required to divulge or communicate the information to a court, or to produce the document in a court, except where it is necessary to do so for the purposes of the repealed Act or this Schedule, or for the purposes of proceedings under, or arising out of, the repealed Act or this Schedule.

(5) The Minister may give permission under subitem (2) in relation to particular information or information included in specified classes of information or in relation to a particular document or documents included in specified classes of documents.

(6) In this item:

court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.

document includes any record.

produce includes permit access to.

[Minister's second reading speech made in—
House of Representatives on 1 April 1998
Senate on 14 May 1998]

(46/98)