107Disclosure of information

107 Disclosure of information

107 Disclosure of information

(1) A person is guilty of an offence if the person discloses any information that relates to any manufacturing or other industrial or commercial secrets or working processes and that is obtained in connection with the administration or execution of this Act or the regulations, unless the disclosure—

(a) is made with the consent of—

(i) the person from whom the information was obtained, or

(ii) if the information relates to land—the occupier of the land, or

(iii) if the information relates to an activity—the person carrying on or proposing to carry on the activity, or

(b) is required by this Act, or

(c) is made in connection with the administration or execution of this Act or the regulations, or

(d) is made with the prior permission of the Minister, or

(e) is ordered by a court, or by any other body or person authorised by law to examine witnesses, in the course of, and for the purpose of, the hearing or determination by that court, body or person of any matter, or

(f) is made by an officer of the EPA or other public authority to an officer or authority engaged in administering or executing a law of the Commonwealth or of another State or Territory relating to the protection of the environment, or

(g) is made by an officer of the EPA or other public authority to any person and its disclosure to that person is reasonably related to the elimination or reduction of a risk of harm to human health or some other aspect of the environment, or

(h) is otherwise made with reasonable excuse.

Maximum penalty—200 penalty units.

(2) The Minister is not to grant the permission referred to in subsection (1) (d) unless satisfied that to do so would be in the public interest.

(3) Despite subsection (1), the EPA or a local authority may disclose to any person a site audit report or site audit statement if the report or statement relates to a statutory site audit within the meaning of Part 4.

Note.

Part 3 requires certain information to be made available. Part 5 requires information to be available on a record for public inspection.