Commonwealth Consolidated Acts

PRIMARY INDUSTRIES LEVIES AND CHARGES DISBURSEMENT ACT 2024 - SECT 81

Offence

  (1)   A person commits an offence if:

  (a)   the person is, or has been, an entrusted person; and

  (b)   the person has obtained or generated information in the course of or for the purposes of:

  (i)   carrying out activities covered by paragraph   66(1)(a) and paid for with amounts debited from the National Residue Survey Special Account; or

  (ii)   administering this Part; or

  (iii)   assisting another person to administer this Part; and

  (c)   the information is of a kind covered by subsection   (3) of this section; and

  (d)   the person uses or discloses the information.

Penalty:   Imprisonment for 12 months.

Civil penalty

  (2)   A person contravenes this subsection if:

  (a)   the person is, or has been, an entrusted person; and

  (b)   the person has obtained or generated information in the course of or for the purposes of:

  (i)   carrying out activities covered by paragraph   66(1)(a) and paid for with amounts debited from the National Residue Survey Special Account; or

  (ii)   administering this Part; or

  (iii)   assisting another person to administer this Part; and

  (c)   the information is of a kind covered by subsection   (3) of this section; and

  (d)   the person uses or discloses the information.

Civil penalty:   60 penalty units.

Protected information

  (3)   For the purposes of subsections   (1) and (2), this subsection covers the following kinds of information:

  (a)   information (including commercially sensitive information) the disclosure of which could reasonably be expected to found an action by a person (other than the Commonwealth) for breach of a duty of confidence;

  (b)   information the disclosure of which could reasonably be expected to prejudice constitutional trade or commerce.

Exception--required or authorised by law

  (4)   Subsection   (1) or (2) does not apply if the use or disclosure of the information is required or authorised by:

  (a)   this Act or another law of the Commonwealth; or

  (b)   a law of a State or Territory prescribed by rules made for the purposes of this paragraph.

Note:   A defendant bears an evidential burden in relation to the matters in this subsection   (see subsection   13.3(3) of the Criminal Code and section   96 of the Regulatory Powers Act).

Exception--good faith

  (5)   Subsection   (1) or (2) does not apply if the person uses or discloses the information in good faith:

  (a)   in the purported carrying out of activities covered by paragraph   66(1)(a) and paid for with amounts debited from the National Residue Survey Special Account; or

  (b)   in the purported administering of this Part; or

  (c)   in assisting another person in the purported administering of this Part.

Note:   A defendant bears an evidential burden in relation to the matters in this subsection   (see subsection   13.3(3) of the Criminal Code and section   96 of the Regulatory Powers Act).