119Release of information

#### 119 Release of information 119 Release of information > > (1) The Minister may, at any time, make available to another Minister or to a Minister of State of the Commonwealth or another State— > > > > > (a) any information contained in a document to which this section applies that has been furnished to the Minister, and > > > > > (b) any cores or cuttings from, or samples of, the sea-bed or subsoil in a block, or samples of petroleum recovered in a block, that have been furnished to the Minister. > > > (1A) The Minister or another Minister may, at any time after the grant or renewal, or refusal to grant or renew, a permit, lease, licence, pipeline licence, access authority or special prospecting authority— > > > > > (a) make publicly known, or > > > > > (b) on request by a person and, if the Minister or the other Minister so requires, on payment of a fee calculated in accordance with the regulations, make available to that person, > > > > any information contained in, or accompanying, the application for the grant or renewal, as the case may be, but not including— > > > > > (c) information of a kind referred to in subsection (2) or (5A), or > > > > > (d) particulars of— > > > > > > > (i) the technical qualifications of the applicant and of the employees of the applicant, > > > > > > > (ii) the technical advice available to the applicant, or > > > > > > > (iii) the financial resources available to the applicant. > > > (2) The Minister or another Minister may, at any time after the relevant day— > > > > > (a) make publicly known, or > > > > > (b) on request by a person and, if the Minister or the other Minister so requires, on payment of a fee calculated in accordance with the regulations, make available to that person, > > > > any information contained in a document to which this section applies that has been furnished to the Minister or has been made available to the other Minister under subsection (1), being information that relates to the sea-bed or subsoil, or to petroleum, in a block, but not including any matter contained in a document to which this section applies that, in the opinion of the Minister or the other Minister, is a conclusion drawn, in whole or in part, from, or an opinion based, in whole or in part, on, any such information. > > > (3) The Minister or another Minister may, at any time after the relevant day— > > > > > (a) make publicly known any particulars of, or > > > > > (b) on request by a person and, if the Minister or the other Minister so requires, on payment of a fee calculated in accordance with the regulations, permit that person to inspect, > > > > any cores or cuttings from, or samples of, the sea-bed or subsoil in a block, or samples of petroleum recovered in a block, that have been furnished to the Minister or have been made available to the other Minister under subsection (1). > > > (4) For the purposes of subsections (2) and (3)— > > > > > (a) where— > > > > > > > (i) a permit or lease is in force in respect of the block, and > > > > > > > (ii) the document, core, cutting or sample was furnished to the Minister during the period during which any of the following were in force in respect of the block— > > > > > > > > > (A) the permit or lease, > > > > > > > > > (B) in a case where a lease is in force in respect of the block—the permit that ceased to be in force in respect of the block by virtue of section 39B (7) on the day on which the lease came into force, > > > > > > the relevant day is the day on which the period of 2 years that commenced on the day on which the document, core, cutting or sample was furnished to the Minister expires, and > > > > > (b) where— > > > > > > > (i) a licence is in force in respect of the block, and > > > > > > > (ii) the document, core, cutting or sample was furnished to the Minister during the period during which any of the following were in force in respect of the block— > > > > > > > > > (A) the licence, > > > > > > > > > (B) the permit or lease that ceased to be in force in respect of the block by virtue of section 45 (5) on the day on which the licence came into force, > > > > > > the relevant day is the day on which the period of 12 months that commenced on the day on which the document, core, cutting or sample was furnished to the Minister expires, > > > > > (c) where the document, core, cutting or sample was furnished to the Minister during a period during which a permit, lease or licence was in force in respect of the block and— > > > > > > > (i) the permit, lease or licence is surrendered, cancelled or determined as to the block, or > > > > > > > (ii) the permit, lease or licence expires but is not renewed in respect of the block, > > > > > > the relevant day is the day on which the permit, lease or licence is so surrendered, cancelled or determined or expires, as the case may be, whether another permit, lease or licence is subsequently in force in respect of the block or not, and > > > > > (d) where— > > > > > > > (i) the document, core, cutting or sample was furnished to the Minister at a time when a permit, lease or licence was not in force in respect of the block, and > > > > > > > (ii) the information in the document or the core, cutting or sample was collected for the purpose of the sale of information on a non-exclusive basis, > > > > > > the relevant day is the day determined by the Minister, being a day not more than 5 years after the day on which the document, core, cutting or sample was furnished to the Minister, and > > > > > (e) where— > > > > > > > (i) the document, core, cutting or sample was furnished to the Minister at a time when a permit, lease or licence was not in force in respect of the block, and > > > > > > > (ii) paragraph (d) (ii) does not apply, > > > > > > the relevant day is the day determined by the Minister, being a day not more than 2 years after the day on which the document, core, cutting or sample was furnished to the Minister. > > > (5) Where— > > > > > (a) a document, core, cutting or sample referred to in subsection (1) was furnished to the Minister— > > > > > > > (i) during or in respect of a period during which a permit, lease or licence was in force in respect of the block, or > > > > > > > (ii) during or in respect of a period during which a special prospecting authority or access authority was in force in respect of the block but during which a permit, lease or licence was not in force in respect of the block, and > > > > > (b) the permittee, lessee, licensee or holder of the special prospecting authority or access authority or, if the permit, lease, licence, special prospecting authority or access authority has ceased to be in force, the person who was the holder of the permit, lease, licence, special prospecting authority or access authority— > > > > > > > (i) has made publicly known any information contained in the document or has consented in writing to any of that information being made publicly known, or > > > > > > > (ii) has made publicly known any particulars of that core, cutting or sample or has consented in writing to any particulars of that core, cutting or sample being made publicly known or to that core, cutting or sample being made available for inspection, > > > > the Minister or another Minister to whom that information, core, cutting or sample has been made available under subsection (1) may, at any time after that information has, or those particulars have, been made publicly known or after that consent has been given— > > > > > (c) make publicly known that information or, on request by another person and, if the Minister or the other Minister so requires, on payment of a fee calculated in accordance with the regulations, make that information available to that other person, or > > > > > (d) make publicly known those particulars or, on request by any other person and, if the Minister or the other Minister so requires, on payment of a fee calculated in accordance with the regulations, permit that other person to inspect that core, cutting or sample, > > > > as the case may be. > > > (5A) Subject to subsection (5F), the Minister or another Minister may, at any time after the end of the period of 5 years after a document to which this section applies was furnished to the Minister— > > > > > (a) make publicly known, or > > > > > (b) on request by a person and, if the Minister or the other Minister so requires, on payment of a fee calculated in accordance with the regulations, make available to that person, > > > > any information contained in the document, being information that relates to the sea-bed or subsoil, or to petroleum, in a block, and that, in the opinion of the Minister or the other Minister, is a conclusion drawn, in whole or in part, from, or an opinion based, in whole or in part, on any information contained in a document to which this section applies that has been furnished to the Minister or has been made available to the other Minister under subsection (1). > > > (5B) Before the Minister or the other Minister makes available or publicly known any information pursuant to subsection (5A), the Minister or the other Minister, as the case may be, shall— > > > > > (a) cause to be published in the Gazette a notice— > > > > > > > (i) stating that the Minister or the other Minister, as the case may be, proposes to make the information available or publicly known, > > > > > > > (ii) inviting interested persons to give to the Minister or the other Minister, as the case may be, by such day as is specified in the notice, being a day not earlier than 45 days after the publication of the notice, a notice objecting to the whole or any part of the information being made available or publicly known, and > > > > > > > (iii) stating that, if a person does not make an objection in accordance with the invitation, the person will be taken to have consented to the information being made available or publicly known, and > > > > > (b) if it is practicable to do so—cause a copy of the notice so published in the Gazette to be served on the person who furnished the document containing the information. > > > (5C) There shall be set out in the notice of objection the reasons for making the objection. > > > (5D) A person is not entitled to make an objection to information being made available or publicly known except on the grounds that to do so would disclose— > > > > > (a) a trade secret, or > > > > > (b) any other information the disclosure of which would, or could reasonably be expected to, adversely affect the person in respect of the lawful business, commercial or financial affairs of the person. > > > (5E) Where a person makes an objection to the Minister or the other Minister in accordance with such an invitation, the Minister or the other Minister shall, within 45 days after the receipt of the notice of objection, consider the objection, and may either disallow it, or allow it in whole or in part, and shall cause to be served on the person written notice of the decision on the objection. > > > (5F) The Minister or the other Minister shall not make available or make publicly known any information pursuant to subsection (5A) if there is in force an objection made in relation to the information being made available or publicly known but, where such an objection is in force, nothing in this section shall be taken to preclude a further invitation under subsection (5B) being made in relation to the information. > > > (6) Except as provided by the preceding provisions of this section or for the purposes of the administration of this Act and the regulations, the Minister or another Minister to whom any information, core, cutting or sample has been made available under subsection (1) shall not— > > > > > (a) make publicly known, or make available to any person (not being a Minister or a Minister of State of the Commonwealth or another State), any information contained in a document to which this section applies, or > > > > > (b) make publicly known any particulars of, or permit any person (not being a Minister referred to in paragraph (a)) to inspect, any core, cutting or sample so referred to. > > > (6A) This section applies to the following documents— > > > > > (a) an application made to the Minister under this Act or a document accompanying such an application, > > > > > (b) a report, return or other document relating to a block that has been furnished to the Minister under this Act. > > > (6B) A reference in this section to a return or other document furnished to the Minister under this Act includes a reference to a return or other document relating to royalty under this Act that is obtained by the Minister, or a delegate of the Minister, from a tax officer (within the meaning of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097)). > > > (7) In this section, a reference to a core, cutting or sample includes a reference to a portion of a core, cutting or sample. > > > (8) For the purposes of this section— > > > > > (a) cores and cuttings, and well data logs, sample descriptions and other documents, relating to the drilling of a well, shall be deemed to have been furnished to the Minister not later than 1 month after the drilling of the well was, in the opinion of the Minister, substantially completed, and > > > > > (b) geophysical or geochemical data relating to geophysical or geochemical surveys shall be deemed to have been furnished to the Minister not later than 1 year after the geophysical or geochemical field work was, in the opinion of the Minister, substantially completed. > > > (8A) Subsections (2) and (5A) apply to information contained in a document to which this section applies that was furnished to the Minister before or after 1 July 1986. > > > (8B) Subsection (3) applies to cores, cuttings and samples furnished to the Minister before or after 1 July 1986. > > > (9) In this section, a reference to a Minister of State of another State includes a reference to a Minister of State of the Northern Territory. > > **s 119:** Am 1985 No 129, Sch 1 (18); 1986 No 59, Sch 7 (21); 1991 No 6, Sch 1 (30); 1991 No 85, Schs 1 (13), 2 (5); 2014 No 37, Sch 4.5 \[2\].