189BDisclosure of Scientific Committee’s assessments and advice

189B  Disclosure of Scientific Committee’s assessments and advice  (1) A member of the Scientific Committee has a duty not to disclose the following to a person other than the Minister, an employee in the Department whose duties relate to the Committee or another member of the Committee:  (a) an assessment under section 194N in relation to whether an item is eligible for inclusion (whether as a result of a transfer or otherwise) in a list referred to in section 178, 181 or 183, any information relating to the assessment or any information about the nomination (if any) that led to the making of the assessment;  (b) advice under section 189 concerning an amendment covered by subsection 189(1) or any information relating to the advice.  (2) However:  (a) the duty not to disclose a thing described in paragraph (1)(a) in relation to an item does not exist after:  (i) registration under Division 3 of Part 4 of the Legislative Instruments Act 2003 of an instrument made under section 189 in relation to the item; or  (ii) the Minister decides under paragraph 194Q(1)(b) not to include the item in a list referred to in section 178, 181 or 183; and  (b) the duty not to disclose a thing described in paragraph (1)(b) in relation to an amendment does not exist after:  (i) registration under Division 3 of Part 4 of the Legislative Instruments Act 2003 of an instrument made under section 189 relating to the amendment; or  (ii) the Minister decides under this Subdivision not to remove the item from a list referred to in section 178, 181 or 183.  (3) Subsection (1) does not apply to a disclosure of particular information if:  (a) the Chair of the Scientific Committee requests the Minister to give permission to disclose that information to a particular person (or persons within a particular group of persons); and  (b) the Minister gives that permission; and  (c) the disclosure is made to that person (or a person within that group).  (4) After a member of the Scientific Committee has ceased under subsection (2) to have a duty not to disclose:  (a) an assessment under section 194N in relation to whether an item is eligible for inclusion (whether as a result of a transfer or otherwise) in a list referred to in section 178, 181 or 183; or  (b) advice under section 189 concerning an amendment covered by subsection 189(1); the member must give a copy of the assessment or advice to anyone who asks for it.  (5) If:  (a) a member of the Scientific Committee proposes to give a person under subsection (4):  (i) a copy of an assessment relating to an item concerning a native species or ecological community; or  (ii) a copy of advice relating to an amendment concerning a native species or ecological community; and  (b) the member is aware that, under section 189A, it would be sufficient compliance with this Act if the copy included only a general location of the species or community; the member must take reasonable steps to ensure that the copy given to the person does not include a more detailed description than is necessary for sufficient compliance with this Act under that section.