The Secretary must keep the following records and information—
(a) notifications given to an inspector under section 7;
(b) information made available to the Secretary by a Council under section 107E;
(c) records required by the regulations in connection with the movement of livestock;
(d) records in connection with the tagging of livestock under section 9A;
(e) applications for property identification codes under section 9B and the codes allocated under that section;
(f) agreements entered into by the Secretary under section 17;
(g) contracts entered into by the Secretary under section 18;
(h) applications for registration under section 48;
(i) applications for compensation under Part 5;
(j) records made or information collected by an inspector in connection with the performance of a function or exercise of a power under Division 2 or 3 of Part 8;
(k) records of notification under sections 11 and 12 of the Stock Diseases Act 1968 in the possession or under the control of the Secretary immediately before the repeal of that Act;
(l) records in the possession or under the control of the Secretary under the Bees Act 1971 immediately before the repeal of that Act.
S. 107BA inserted by No. 1/2024 s. 3.
107BA Availability of records and information kept under section 107B—purposes other than emergency preparation or response
(1) Records and information kept by the Secretary under section 107B may be made available to a relevant person in the following circumstances—
(a) if the Secretary is satisfied that making the records available—
(i) is in the public interest; or
(ii) will assist the relevant person to protect domestic or export markets for livestock or livestock products;
(b) if making the record available is for the purpose of—
(i) reuniting livestock with its owner; or
(ii) the administration or enforcement of this Act or any other Act, or an Act of another State, a Territory or the Commonwealth, or regulations under any such Act; or
(iii) assisting the relevant person to perform a function or exercise a power under this Act or any other Act, or an Act of another State, a Territory or the Commonwealth, or regulations under any such Act; or
(iv) a legal proceeding under this Act or any other Act, or an Act of another State, a Territory or the Commonwealth, or regulations under any such Act; or
(v) a report of a legal proceeding referred to in subparagraph (iv); or
(vi) protecting the safety of any person to whom the record relates or protecting public safety; or
(vii) research or analysis work, including surveys, relating to livestock disease or the objectives of this Act.
(2) Records and information kept by the Secretary under section 107B may be made available to any person in the following circumstances—
(a) if the record or information does not identify any person—on the written application of the person;
(b) if the record or information does identify a person—with the consent of the person identified.
relevant person means—
(a) a prescribed person or a person belonging to a prescribed class of person; or
(b) a person with whom the Secretary has entered into an agreement for the purposes of this section; or
(c) an authorised officer within the meaning of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 or the Wildlife Act 1975; or
(d) an authorized officer within the meaning of the Drugs, Poisons and Controlled Substances Act 1981; or
(e) a meat inspector within the meaning of the Stock (Seller Liability and Declarations) Act 1993; or
(f) an emergency services agency as defined in section 4(1) of the Emergency Management Act 1986; or
(g) a person who is employed under Part 3 of the Public Administration Act 2004 and is—
(i) approved as a general inspector under section 18(1) of the Prevention of Cruelty to Animals Act 1986; or
(ii) appointed as a specialist inspector under section 18A(1) of the Prevention of Cruelty to Animals Act 1986; or
(h) a water corporation within the meaning of the Water Act 1989; or
(i) a person employed or engaged in the administration of—
(i) this Act or the regulations; or
(ii) the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, the Stock (Seller Liability and Declarations) Act 1993 or regulations made under those Acts; or
(iii) any prescribed Act of the Commonwealth or of a State or a Territory of the Commonwealth or regulations made under any such Act.
S. 107BB inserted by No. 1/2024 s. 3.
107BB Availability of records and information kept under section 107B—disease prevention and emergency planning
(1) Records and information kept by the Secretary under section 107B (whether or not the record or information identifies any person, body, property, animal or premises) may be made available to a relevant person in the following circumstances—
(a) if the Secretary is satisfied that making the record or information available will assist to prevent, monitor or control the spread of a disease;
(b) if making the record or information available is for the purpose of carrying out emergency planning, preparation, response or recovery.
(2) In this section—
relevant person has the same meaning as in section 107BA.
S. 107BC inserted by No. 1/2024 s. 3.
107BC Conditions and fees
The Secretary may—
(a) place any condition on the use or disclosure of any records or information made available under section 107BA or 107BB; and
(b) charge a fee fixed by the Secretary by notice published in the Government Gazette for access to, or copies or extracts from, any records kept under section 107B.
S. 107BD inserted by No. 1/2024 s. 3.
107BD Availability of emergency-related records and information
(1) Subject to this section, a permitted person may apply to the Secretary for emergency-related records or information to be disclosed to the person for the purpose of planning or preparing for, responding to, or recovering from, an emergency.
(2) A request for emergency-related records or information must—
(a) be made in writing; and
(b) specify the purpose of the request; and
(c) describe the emergency-related records or information being requested.
(3) The Secretary, or a delegate of the Secretary who is an executive within the meaning of the Public Administration Act 2004, may authorise a person employed or engaged in the administration of this Act to disclose to the permitted person the whole or any part of the emergency-related records or information specified in the request that the Secretary or delegate is satisfied is reasonably required by the permitted person for the purposes of planning or preparing for, responding to, or recovering from, an emergency.
(4) A person authorised by the Secretary or delegate under subsection (3) must not disclose to the permitted person any emergency-related records or information that are beyond the scope of the authorisation.
emergency-related records or information means records kept by or information known to the Secretary, including any record or information that includes personal information within the meaning of the Privacy and Data Protection Act 2014, that is created or acquired in connection with the Secretary's planning or preparing for, responding to, or recovering from, an emergency;
permitted person means—
(a) a person employed or engaged in the administration of—
(i) this Act or the regulations; or
(ii) the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, the Stock (Seller Liability and Declarations) Act 1993 or the regulations made under those Acts; or
(iii) any prescribed Act of the Commonwealth or of a State or a Territory of the Commonwealth or regulations made under any such Act; or
(b) a person with whom the Secretary has entered into an agreement for the purposes of this section.
Example
A laboratory performing testing for or on behalf of the Commonwealth, a State or a Territory.