/

/

Section 92C - Poisons Act 1971 - Disclosure of protected information | Zoe

TASIn ForceAct

Poisons Act 1971

92CDisclosure of protected information

Start here

Get a plain-English read of 92C

Turn the raw legal text into a practical explanation grounded in Poisons Act 1971.

Ask Zoe about this section View in full context

92C Disclosure of protected information

[Section 92C Inserted by No. 21 of 2021, s. 10, Applied:17 Dec 2021]

(1) In this section –

informed person means –

(a) a person who has, in connection with the administration or the execution of this Act, obtained protected information; or

(b) a person who has, in the course of or as a result of performing a function or exercising a power under this Act, obtained protected information; or

(c) the Secretary of the department responsible for the administration of this Act who has obtained protected information in the course of that administration;

law enforcement agency means –

(a) a police force or police service of –

(i) the Commonwealth; or

(ii) this State; or

(iii) any other State or a Territory of the Commonwealth; or

(iv) any country; or

(b) the Australian Crime Commission; or

(c) a person, entity or commission established or appointed, under any Act of this State, of any other State or of a Territory of the Commonwealth, to investigate matters relating to scheduled substances; or

(d) the Attorney-General; or

(e) the Solicitor-General appointed and holding office under the Solicitor-General Act 1983 ; or

(f) the Director of Public Prosecutions appointed and holding office under the Director of Public Prosecutions Act 1973 ;

protected information means any information, or opinion, in any format –

(a) that is information, or an opinion, relating to a natural person, from which the identity of the natural person is apparent or is reasonably ascertainable; or

(3) An informed person is authorised to disclose protected information to another person if the disclosure –

(a) is for the purposes of legal proceedings arising out of this Act; or

(b) is for the purposes of ensuring compliance with, and enforcing, this Act; or

(c) is for the purposes of, or is made in connection with, the performance of functions or the exercise of powers under this Act or any other Act; or

(d) is made in connection with the administration or enforcement of this Act; or

(e) is for a purpose authorised, or is required, by this Act or any other Act; or

(f) is made to a law enforcement agency for the purposes of preventing, detecting, investigating or prosecuting an offence in relation to a scheduled substance; or

(g) is made to the Australian Health Practitioner Regulation Agency established by section 23 of the Health Practitioner Regulation National Law (Tasmania); or

(h) is made to a National Board within the meaning of the Health Practitioner Regulation National Law (Tasmania); or

(i) is made to the Australian Pesticides and Veterinary Medicines Authority for the purposes of enabling it to perform its functions under the Agricultural and Veterinary Chemicals Act 1994 of the Commonwealth or the Agricultural and Veterinary Chemicals Code Act 1994 of the Commonwealth; or

(j) is made to the Secretary under the Therapeutic Goods Act 1989 of the Commonwealth for the purposes of enabling the Secretary to perform the Secretary's functions under that Act or under the Therapeutic Goods Act 2001 ; or

(k) is made to a person administering or enforcing a law of the Commonwealth or of another State or a Territory that corresponds to this Act; or

(l) is made to an entity of the Commonwealth, of another State, or of a Territory, that performs functions in relation to the management of health and safety risks in public places or workplaces; or

(m) is made to an entity of the Commonwealth, of another State, or of a Territory, that performs functions in relation to the importation or exportation of goods or substances into or from Australia; or

(n) is made to a regulatory authority in a foreign country for the purpose of enabling it to perform its functions in relation to the importation or exportation of scheduled substances into or from Australia; or

(o) is made to a person, or to a class of persons, prescribed for the purposes of this paragraph.