Confidentiality of information
493 Confidentiality of information
This section applies to a person who is, or was—
the chief executive; or
a chief executive officer; or
an inspector; or
an authorised person; or
a director of an invasive animal board; or
a barrier fence employee; or
another person involved in administering this Act or a repealed Act, including, for example, an officer or employee of the department or an employee of a local government.
The person must not disclose confidential information gained by the person in administering or performing a function under this Act or a repealed Act.Maximum penalty—50 penalty units.
However, the person may disclose confidential information if—
the disclosure is for a purpose under this Act; or
the disclosure is for the purpose of minimising biosecurity risks in the State or another State and the disclosure is to any of the following—
the State;
a department;
an entity, established under an Act, that deals with matters relating to biosecurity;
a local government;
the Commonwealth or another State, or an entity of the Commonwealth or another State; or
the disclosure is with the consent of the person to whom the information relates; or
the disclosure is otherwise required or permitted by law.
In this section—confidential information—
means any information that—
could identify an individual; or
is about a person’s current financial position or financial background; or
would be likely to damage the commercial activities of a person to whom the information relates; but
does not include—
information that is publicly available; or
statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.
This Act’s bill:Explanatory memorandumSecond reading speech
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