92CDisclosure of protected information

### 92C Disclosure of protected information > [*\[Section 92C Inserted by No. 21 of 2021, s. 10, Applied:17 Dec 2021\]*](/view/html/inforce/2021-12-17/act-2021-021#GS10@EN) > > > (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](/view/html/inforce/2026-04-12/act-1983-013) ; or > > > > > > > > > (f) the Director of Public Prosecutions appointed and holding office under the [Director of Public Prosecutions Act 1973](/view/html/inforce/2026-04-12/act-1973-011) ; > > > > > ***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 > > > > > > > > > (b) that is information, or an opinion, that is commercial in nature and would reveal proprietary business, competitive or trade secret information of a significant value if disclosed. > > > (2)  An informed person must not disclose any protected information to another person unless the disclosure is authorised under [subsection (3)](#GS92C@Gs3@EN) . > > > > Penalty:  Fine not exceeding 50 penalty units. > > > (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](/view/html/inforce/2026-04-12/act-2001-097) ; 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. > > > (4)  An informed person is not guilty of an offence against this section if – > > > > > > (a) the protected information that the informed person disclosed was publicly available at the time when the disclosure was made; or > > > > > > > (b) the natural person to whom the protected information relates gives his or her written consent to the disclosure of the protected information by the informed person; or > > > > > > > (c) the owner of the business, or the occupier of the premises, gives his or her written consent to the disclosure of the protected information by the informed person; or > > > > > > > (d) the informed person reasonably believed that the disclosure of the protected information was necessary so as to prevent or reduce a serious threat to the life, health or safety of the person to whom the protected information relates; or > > > > > > > (e) the informed person reasonably believed that the disclosure of the protected information was necessary so as to prevent or reduce a serious threat to public health or public safety; or > > > > > > > (f) the disclosure of the protected information was made for or in connection with the reporting or lawful investigation of a crime or unlawful act (whether actual or prospective).