Document ID: chunk:federal_register_of_legislation:C2004A04649:body:0:p4
Version: federal_register_of_legislation:C2004A04649
Segment Type: other
Provision Reference: 
Character Range: 8286–11140

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 the NRA in accordance with section 19.

"(7) Except for the purpose of providing advice to the NRA in accordance with section 19, a person who acquires information because of a disclosure under subsection (6), and any person who is or has been under the control of that person, must not intentionally or recklessly disclose that

information, directly or indirectly, to any person if the person disclosing the information knows that the information is confidential commercial information.

Penalty: Imprisonment for 2 years.

"(8) If a person has disclosed to another person, except under subsection (4) or (6), any confidential commercial information about a chemical product or any of its constituents that was acquired by the first-mentioned person in the performance of functions or duties, or the exercise of powers, under this Act, the other person, and any person who is or has been under the control of the other person, must not intentionally or recklessly disclose that information, directly or indirectly, to any person if the person disclosing the information knows that the information is confidential commercial information.

Penalty: Imprisonment for 2 years.

"(9) The powers conferred by subsection (6) are in addition to, and do not prejudice, the powers conferred by subsection (4).

"(10) This section does not preclude the institution of an action or other civil proceeding against a person in respect of the disclosure, or the proposed, threatened or likely disclosure, by that person of confidential commercial information about a chemical product or any of its constituents.

"(11) This section does not affect the operation of the Freedom of Information Act 1982.

  "(12) In this section:

'court' includes a tribunal, authority or person having power to require the production of documents or the answering of questions;

'disclose', in relation to information, means give or communicate in any way.".

Insertion of new section

5. Before section 35 of the Principal Act the following section is inserted in Part V:

Hearings

"34A.(1) The NRA may hold hearings for the purposes of the performance or exercise of any of its functions or powers.

  "(2) Before holding a hearing, the NRA must:

  (a) cause to be published in the Gazette; and

     (b) cause to be published, in each State, the Australian Capital Territory, the Northern Territory, and each external Territory to which this Act applies, in a daily newspaper circulating in that State or Territory;

a notice setting out the place and time for the hearing.

  "(3) Subject to subsection (4),