AustLII Tasmanian Consolidated Acts

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POISONS ACT 1971 - SECT 92C

Disclosure of protected information

(1)  In this section –
informed person means –
(a) a person who has, in connection with the administration or the execution of this Act, obtained protected information; or
(b) a person who has, in the course of or as a result of performing a function or exercising a power under this Act, obtained protected information; or
(c) the Secretary of the department responsible for the administration of this Act who has obtained protected information in the course of that administration;
law enforcement agency means –
(a) a police force or police service of –
(i) the Commonwealth; or
(ii) this State; or
(iii) any other State or a Territory of the Commonwealth; or
(iv) any country; or
(b) the Australian Crime Commission; or
(c) a person, entity or commission established or appointed, under any Act of this State, of any other State or of a Territory of the Commonwealth, to investigate matters relating to scheduled substances; or
(d) the Attorney-General; or
(e) the Solicitor-General appointed and holding office under the Solicitor-General Act 1983 ; or
(f) the Director of Public Prosecutions appointed and holding office under the Director of Public Prosecutions Act 1973 ;
protected information means any information, or opinion, in any format –
(a) that is information, or an opinion, relating to a natural person, from which the identity of the natural person is apparent or is reasonably ascertainable; or
(b) that is information, or an opinion, that is commercial in nature and would reveal proprietary business, competitive or trade secret information of a significant value if disclosed.
(2)  An informed person must not disclose any protected information to another person unless the disclosure is authorised under subsection (3) .
Penalty:  Fine not exceeding 50 penalty units.
(3)  An informed person is authorised to disclose protected information to another person if the disclosure –
(a) is for the purposes of legal proceedings arising out of this Act; or
(b) is for the purposes of ensuring compliance with, and enforcing, this Act; or
(c) is for the purposes of, or is made in connection with, the performance of functions or the exercise of powers under this Act or any other Act; or
(d) is made in connection with the administration or enforcement of this Act; or
(e) is for a purpose authorised, or is required, by this Act or any other Act; or
(f) is made to a law enforcement agency for the purposes of preventing, detecting, investigating or prosecuting an offence in relation to a scheduled substance; or
(g) is made to the Australian Health Practitioner Regulation Agency established by section 23 of the Health Practitioner Regulation National Law (Tasmania); or
(h) is made to a National Board within the meaning of the Health Practitioner Regulation National Law (Tasmania); or
(i) is made to the Australian Pesticides and Veterinary Medicines Authority for the purposes of enabling it to perform its functions under the Agricultural and Veterinary Chemicals Act 1994 of the Commonwealth or the Agricultural and Veterinary Chemicals Code Act 1994 of the Commonwealth; or
(j) is made to the Secretary under the Therapeutic Goods Act 1989 of the Commonwealth for the purposes of enabling the Secretary to perform the Secretary's functions under that Act or under the Therapeutic Goods Act 2001 ; or
(k) is made to a person administering or enforcing a law of the Commonwealth or of another State or a Territory that corresponds to this Act; or
(l) is made to an entity of the Commonwealth, of another State, or of a Territory, that performs functions in relation to the management of health and safety risks in public places or workplaces; or
(m) is made to an entity of the Commonwealth, of another State, or of a Territory, that performs functions in relation to the importation or exportation of goods or substances into or from Australia; or
(n) is made to a regulatory authority in a foreign country for the purpose of enabling it to perform its functions in relation to the importation or exportation of scheduled substances into or from Australia; or
(o) is made to a person, or to a class of persons, prescribed for the purposes of this paragraph.
(4)  An informed person is not guilty of an offence against this section if –
(a) the protected information that the informed person disclosed was publicly available at the time when the disclosure was made; or
(b) the natural person to whom the protected information relates gives his or her written consent to the disclosure of the protected information by the informed person; or
(c) the owner of the business, or the occupier of the premises, gives his or her written consent to the disclosure of the protected information by the informed person; or
(d) the informed person reasonably believed that the disclosure of the protected information was necessary so as to prevent or reduce a serious threat to the life, health or safety of the person to whom the protected information relates; or
(e) the informed person reasonably believed that the disclosure of the protected information was necessary so as to prevent or reduce a serious threat to public health or public safety; or
(f) the disclosure of the protected information was made for or in connection with the reporting or lawful investigation of a crime or unlawful act (whether actual or prospective).



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