114Confidential commercial information

#### 114 Confidential commercial information (1) It is the duty of a person who is a member of the Board, a member of the staff of the Authority, a member of a committee or a person engaged as a consultant under section 136 not to disclose any confidential commercial information in respect of food that has been acquired by the person because of being such a member or consultant. (2) Subsection (1) does not apply to anything done in the performance of duties, or in the exercise of powers or functions, under this Act. (3) Subsection (1) does not preclude the disclosure of confidential information in respect of food to any court in any proceeding. However, the Authority must apply to the court for an order preventing disclosure of that information to any other person otherwise than for the purpose of the proceedings, if it is within the jurisdiction of the court to make such an order. (4) Despite subsection (1), the Chief Executive Officer may, in respect of confidential commercial information acquired in respect of food by a member of the Board, a member of the staff of the Authority, a member of a committee, or a person engaged as a consultant under section 136, because of being such a member or consultant: (a) if the Minister certifies, by instrument, that it is necessary in the public interest that the information should be disclosed to a specified person—disclose that information to that person; or (b) disclose that information to any prescribed authority or person; or (c) disclose that information to a person or body who, in the opinion of the Chief Executive Officer, is expressly or impliedly authorised to obtain that information by the applicant for the development or variation of a food regulatory measure, in respect of the food concerned. (5) The Chief Executive Officer must not disclose, under paragraph (4)(a), any confidential commercial information given by a person in respect of food unless the Chief Executive Officer: (a) has advised the person, in writing, of the Chief Executive Officer’s intention to disclose the information and of the reasons for disclosing that information; and (b) has given the person a reasonable opportunity to communicate the person’s views about the proposed disclosure of that information; and (c) has taken into account any views so communicated. (6) Any authority or person to whom information is disclosed under subsection (4), and any person under the control of that authority or person, is, in respect of that information, subject to the same obligations as if that authority or person were a person referred to in subsection (1) who had acquired the information in the circumstances set out in subsection (1). (7) Despite subsection (1), the Chief Executive Officer may permit confidential commercial information in respect of food to be disclosed: (a) to an Agency Head (within the meaning of the Public Service Act 1999) or the Chief Officer of a Commonwealth authority for the purpose of enabling the Agency or authority to perform any arrangements made with the Authority in accordance with paragraph 137(a); or (b) to the Secretary of a Department of the Public Service of a State or Territory or the Chief Officer of a State or Territory authority for the purpose of enabling the Department or authority to perform any arrangements made with the Authority in accordance with paragraph 137(b); or (ba) to the chief executive of a Department of State of New Zealand or the Chief Officer of a New Zealand authority for the purpose of enabling the Department or authority to perform any arrangements made with the Authority in accordance with paragraph 137(c); or (c) to the Chief Officer of any other authority or body for the purpose of enabling that authority or body to perform any arrangements made with the Authority in accordance with paragraph 137(d). (8) A person to whom information is disclosed under subsection (7) and any person under the control of the first‑mentioned person to whom that information is disclosed for the purposes of an arrangement under section 137, must not, directly or indirectly, except for the purposes of that arrangement, disclose the information to any person while the person is, or after the person ceases to be, such a person. Penalty: Imprisonment for 2 years. (9) The powers conferred by subsection (7) are in addition to, and not in derogation of, the powers conferred by subsection (4). (10) Nothing in subsection (4) or (7) is taken to limit the generality of subsection (3) or the operation of subsection (2). (11) In this section: > court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.