Export Control (Animals) Rules 2021
11‑17 Use and disclosure of relevant inf11‑17 Use and disclosure of relevant information relating to prescribed livestock etc.
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11‑17 Use and disclosure of relevant information relating to prescribed livestock etc.
(1) This section prescribes, for the purposes of section 397E of the Act, matters relating to the use or disclosure of relevant information of the kind prescribed in subsection (4) of this section. Prescribed class of persons (2) For the purposes of paragraphs 397E(1)(a) and (2)(a) of the Act, the class of persons consisting of the following is prescribed: (a) the Secretary; (b) an SES employee, or acting SES employee, in the Department. Prescribed purpose for which information may be used or disclosed (3) For the purposes of paragraphs 397E(1)(b) and (2)(b) of the Act, the purpose of making the information available to the public (including by publishing the information on the Department’s website) for one or both of the following reasons is prescribed: (a) to encourage compliance with the requirements of the Act by livestock exporters; (b) to provide assurance to Australia’s trading partners regarding how the Department regulates export operations carried out in relation to prescribed livestock. Prescribed kind of relevant information that may be used or disclosed (4) For the purposes of paragraphs 397E(1)(c) and (2)(c) of the Act, the kind of relevant information prescribed is information that relates to the following: (a) export operations carried out in relation to prescribed livestock; (b) how the Department regulates the operations. Condition on disclosure (5) For the purposes of paragraph 397E(2)(d) of the Act, it is a condition of the disclosure of the information that either: (a) the information does not include personal information about an individual; or (b) any personal information about an individual included in the information is de‑identified. (6) However, the condition in subsection (5) does not apply to the disclosure of the name of: (a) the holder of an export licence; or (b) an occupier of a registered establishment; or (c) an export business. Specified legislative power (7) For the purposes of subsection 397E(3) of the Act, the power of the Parliament to make laws with respect to trade and commerce with other countries, and among the States is specified.
Chapter 12—Application, saving and transitional provisions