56Confidentiality of commercial information

56 Confidentiality of commercial information

(1)  In this section, information means –

(a) information that relates to a chemical product and that is included in an application under this Act; and

(b) any information that is supplied as required under section 53 or 54 or Schedule 5 .

(2)  [Section 56 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] Information must be treated as confidential and, subject to subsection (4) , the Registrar, the Secretary, a member of the Council, a member of the Advisory Committee or any State Service officer or State Service employee must not disclose that information to any person unless the disclosure–

(a) is made in pursuance of this Act; or

(b) is necessary in respect of any proceedings for an offence that are instituted or proposed to be instituted under this Act.

Penalty:  Fine not exceeding 250 penalty units.

(3)  A court to which information is disclosed under subsection (2) or (5) (b) must do everything necessary to prevent disclosure of that information to any person otherwise than for the purpose of the proceedings before the court.

(4)  The Registrar may disclose information –

(a) to the person for the time being in charge of a Poisons Information Centre, if asked by that person in a poisoning emergency; or

(b) [Section 56 Subsection (4) amended by No. 8 of 2003, Sched. 2, Applied:15 Oct 2003] to the Secretary of the responsible Department in relation to the Food Act 2003 (or a person nominated by that Secretary for the purposes of this paragraph) in prescribed circumstances.

(5)  A person to whom information is disclosed in pursuance of this Act must not disclose that information to any person unless the disclosure –