7

7.Giving, disclosure or use of information

(1)In this regulation —

authorised purposes means the purposes of —

(a)providing or securing supplies and services required by the community, or any substantial portion of the community; or

(b)preventing supplies or services being disposed of in a manner prejudicial to the attainment of the objects of Part III of the Act; or

(c)ensuring that the whole resources of the community are available for use, and are used, in a manner best calculated to serve the interests of the community;

information user means any of the following —

(a)a Minister of the Crown;

(b)the Commissioner;

(c)an authority, department, instrumentality, person or body that is carrying out the administration of the Act under section 42 of the Act.

(2)A person who gives a notification under regulation 4 is authorised to give the information in the notification to the Commissioner.

(3)For, and only for, authorised purposes, the Commissioner is authorised to disclose any or all of the information to the public by publishing it —

(a)on the FuelWatch website; or

(b)in any other way that the Commissioner considers appropriate.

(4)An information user is authorised to use or disclose any or all of the information for authorised purposes and, to the extent that the information is not disclosed to the public under subregulation (3), only for authorised purposes.

(5)An information user is not authorised under subregulation (4) to disclose information to the public.

(6)Without limiting subregulation (4), an information user is authorised to disclose information under that subregulation to a national body or to an agency or authority of another State or a Territory.

(7)If a giving, disclosure or use of information is authorised under this regulation —

(a)no civil or criminal liability is incurred in respect of the giving, disclosure or use; and

(b)the giving, disclosure or use is not to be regarded as —

(i)a breach of any duty of confidentiality or secrecy imposed by law; or

(ii)a breach of professional ethics or standards or any principles of conduct applicable to a person’s employment; or

(iii)unprofessional conduct.