72Disclosure to persons holding an approval

72 Disclosure to persons holding an approval

(1) An entrusted person may disclose relevant NRS information to a person who holds an approval in force under this section. Approvals (2) A person may, in writing, make a request to the Secretary for an approval under this section. (3) The Secretary must, in writing, grant the person an approval or refuse to grant the person an approval. (4) The Secretary may grant the person an approval only if the Secretary is satisfied that the person requires relevant NRS information to enable the person to monitor, regulate or manage agricultural or veterinary chemical residues or contaminants in NRS products or the environment. (5) An approval must specify the purposes for which the person may use or disclose relevant NRS information that the person receives under subsection (1). (6) If the Secretary grants the person an approval, the Secretary must give the person written notice of the approval and of the purposes covered by subsection (5). (7) If the Secretary refuses to grant the person an approval, the Secretary must give the person written notice of the refusal and of the reasons for the refusal. (8) An approval under subsection (3) is not a legislative instrument. Secondary use or disclosure offence (9) A person commits an offence if: (a) while the person holds an approval in force under this section, the person receives relevant NRS information under subsection (1); and (b) the information is of a kind covered by subsection (10); and (c) the person uses or discloses that information; and (d) the use or disclosure is not in accordance with the approval.

Penalty: Imprisonment for 12 months.

Protected information (10) For the purposes of subsection (9), this subsection covers the following kinds of information: (a) information (including commercially sensitive information) the disclosure of which could reasonably be expected to found an action by a person (other than the Commonwealth) for breach of a duty of confidence; (b) information the disclosure of which could reasonably be expected to prejudice constitutional trade or commerce.