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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 316PE
Confidentiality of public interest evaluation
316PE Confidentiality of public interest evaluation
(1) This section applies to a person who— (a) is, or has been, any of the
following persons performing functions under this Act for a public interest
evaluation— (i) the chief executive;
(ii) a public service employee of the
department;
(iii) a qualified entity under section 49 (8) or 136A (3) or a
reviewing entity under section 316PC (3) ; and
(b) in that capacity, acquires
confidential information.
(2) The person must not disclose the
confidential information or give access to the confidential information to
anyone else. Penalty— Maximum penalty—100 penalty units.
(3)
However, subsection (2) does not apply if the disclosure of, or the giving of
access to, the confidential information— (a) is with the consent of the
person to whom the information relates; or
(b) is only to the extent the
disclosure or access is necessary to perform the person’s function under
this Act in relation to the public interest evaluation; or
(c) is permitted
or required under an Act or law.
(4) In this section—
"confidential information" means information about a person’s commercial,
business or financial affairs, other than— (a) statistical or other
information that could not reasonably be expected to result in the
identification of the person to whom it relates; or
(b) information that is
publicly available.
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