QLDIn ForceAct
Judicial Review Act 1991
sec.35Exception for information relating to personal or business affairs
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### sec.35 Exception for information relating to personal or business affairs
This section applies to information to which a request made to a person under section 32 relates if the information—
relates to the personal affairs or business affairs of a person, other than the person making the request; and
is of a confidential nature.
For the purposes of subsection (1) , information is taken to be of a confidential nature if the information is information—
that was supplied in confidence and continues to retain its confidential character; or
the publication of which would reveal a trade secret; or
the publication of which would, or could reasonably be expected to, adversely affect a State authority or local government authority in relation to its competitive commercial activities; or
that was given under a duty imposed by an enactment; or
the giving of which under the request would be in contravention of an enactment that expressly imposes on the person to whom the request is made a duty not to divulge or communicate information of that kind—
to a person; or
to a person, other than a person included in a class of persons prescribed by regulation; or
except in circumstances prescribed by regulation.
Section 37 specifies the consequences of this section applying to information.
(sec.35-ssec.1) This section applies to information to which a request made to a person under section 32 relates if the information— relates to the personal affairs or business affairs of a person, other than the person making the request; and is of a confidential nature.
(sec.35-ssec.2) For the purposes of subsection (1) , information is taken to be of a confidential nature if the information is information— that was supplied in confidence and continues to retain its confidential character; or the publication of which would reveal a trade secret; or the publication of which would, or could reasonably be expected to, adversely affect a State authority or local government authority in relation to its competitive commercial activities; or that was given under a duty imposed by an enactment; or the giving of which under the request would be in contravention of an enactment that expressly imposes on the person to whom the request is made a duty not to divulge or communicate information of that kind— to a person; or to a person, other than a person included in a class of persons prescribed by regulation; or except in circumstances prescribed by regulation.
(sec.35-ssec.3) Section 37 specifies the consequences of this section applying to information.
- (a) relates to the personal affairs or business affairs of a person, other than the person making the request; and
- (b) is of a confidential nature.
- (a) that was supplied in confidence and continues to retain its confidential character; or
- (b) the publication of which would reveal a trade secret; or
- (c) the publication of which would, or could reasonably be expected to, adversely affect a State authority or local government authority in relation to its competitive commercial activities; or
- (d) that was given under a duty imposed by an enactment; or
- (e) the giving of which under the request would be in contravention of an enactment that expressly imposes on the person to whom the request is made a duty not to divulge or communicate information of that kind— (i) to a person; or (ii) to a person, other than a person included in a class of persons prescribed by regulation; or (iii) except in circumstances prescribed by regulation.
- (i) to a person; or
- (ii) to a person, other than a person included in a class of persons prescribed by regulation; or
- (iii) except in circumstances prescribed by regulation.
- (i) to a person; or
- (ii) to a person, other than a person included in a class of persons prescribed by regulation; or
- (iii) except in circumstances prescribed by regulation.