Food Act 2003

A person who has, in connection with the administration or execution of this Act or in the course of performing his or her functions under this Act, obtained information must not disclose that information unless the disclosure of the information is permitted under subsection (2). Fine not exceeding 50 penalty units.

A person is permitted to disclose information – if the disclosure is made with the written consent of the person to whom the information relates; or without the written consent of the person to whom the information relates, if the disclosure is – for the purposes of this Act or relates to the administration or execution of this Act; or for the purposes of legal proceedings arising out of this Act; or for the purposes of ensuring compliance with, and the enforcement of, this Act; or made to an authorised officer, enforcement agency, State Service Agency, approved person or approved class of persons for the purposes of ensuring public health or public safety; or for the purposes of preventing or reducing the possibility of, or mitigating the adverse consequences of, a serious threat to public health; or for the purposes of an approved study or approved research; or made to Food Standards Australia New Zealand, as continued under the Food Standards Australia New Zealand Act 1991 of the Commonwealth; or made to a person developing, administering or enforcing a law of New Zealand, or of the Commonwealth or a Territory or another State, that corresponds to this Act or to any other prescribed law; or made to an approved person, or an approved class of persons, for an approved purpose; or for a purpose that is authorised under, or is required by, another Act; or for a prescribed purpose; or made to a prescribed person or a prescribed class of persons.

A person is not guilty of an offence under this section if the information that the person disclosed was publicly available at the time when the disclosure was made.