Disclosure of confidential commercial information—records
69 Disclosure of confidential commercial information—records
The APVMA must make a record, on each occasion on which confidential commercial information is disclosed, of:
the name and address of the person to whom the information is disclosed; and
the nature of the information disclosed; and
the date on which the information was disclosed.
A record made under subregulation (1) must be kept for a period of 10 years.
A person must not disclose any information contained in a record made under subregulation (1) to a person who is not a member of the staff of the APVMA.
Penalty: 10 penalty units.
It is a defence to a prosecution under subregulation (3) if the defendant:
has a reasonable excuse; or
has the permission in writing of the Minister or a person authorised under subregulation (4).
A defendant bears an evidential burden in relation to the matters mentioned in this subregulation—see section 13.3 of the Criminal Code.
An offence under subregulation (3) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
The Minister may, in writing, authorise a person for the purposes of subregulation (3).
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