Document ID: chunk:federal_register_of_legislation:C2024C00508:section:162:p1
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 162 (pt 1/4)
Character Range: 447148–449948

162  Disclosure of confidential commercial information
 (1) A person who is or has been a director, the Chief Executive Officer, or a member of the staff, of the APVMA, or is or has been a consultant to the APVMA, a mediator or arbitrator appointed under this Code, or a co‑ordinator designated for a jurisdiction, must not disclose, directly or indirectly, to another person any information about an active constituent for a proposed or existing chemical product, about a chemical product or any of its constituents, or about a label for containers for a chemical product, 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.
 (1A) Subsection (1) does not apply to the extent that the person engages in the conduct in the performance of functions or duties, or the exercise of powers, under this Code.
Note: The defendant bears an evidential burden in relation to the matter in subsection (1A). See subsection 13.3(3) of the Criminal Code.
 (2) Subsection (1) does not prohibit the disclosure of information about a constituent or a chemical product 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.
 (3) Despite subsection (1), a person (the authorised person) that the APVMA has authorised to act under this section may:
 (a) disclose confidential commercial information about an active constituent for a proposed or existing chemical product:
 (i) by disclosing a summary of an evaluation of the constituent made by the APVMA or by a prescribed authority or person; or
 (ii) for the purposes of the APVMA's reconsideration of the approval of the constituent under Division 4 of Part 2—by disclosing the relevant particulars of the constituent; or
 (iii) by disclosing, subject to the conditions prescribed by the regulations, information about the toxicity of the constituent and its residues in relation to relevant organisms and ecosystems, including human beings; or
 (b) disclose confidential commercial information about a chemical product or any of its constituents:
 (i) if the product contains an active constituent that, before the registration of the product, was not contained in a chemical product registered in this or another jurisdiction under the Agvet Code, or a corresponding previous law, of the jurisdiction concerned—by disclosing a summary of an evaluation that the APVMA has made of the product; or
 (ii) for the purposes of the APVMA's reconsideration of the registration of the product under Division 4 of Part 2—by disclosing the relevant particulars of the product; or
 (iii)