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Sydney Airport Demand Management Act 1997
70FSharing of information and documents
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#### 70F Sharing of information and documents
Scope
(1) The section applies in relation to information obtained, or documents received, by the Minister in the course of exercising powers, or performing functions or duties, under or for the purposes of this Act.
(2) To avoid doubt, information or documents covered by subsection (1) may include \*commercially sensitive information.
Minister may share information or documents
(3) The Minister may share the information or documents with a person or body (each a receiving entity) covered by subsection (5) if:
(a) sharing the information or documents is for the purposes of:
(i) the Minister exercising powers, or performing functions or duties, under or for the purposes of this Act; or
(ii) the receiving entity exercising the entity’s powers, or performing the entity’s functions or duties; and
(b) the information is relevant to the receiving entity’s functions or duties; and
(c) the Minister is satisfied, on reasonable grounds, that the receiving entity has satisfactory arrangements in place for protecting the information or documents; and
(d) in a case where the regulations provide that information or documents may be shared with the receiving entity only if specified conditions are met—those conditions are met.
(4) Subsection (3) is subject to sections 70G and 70H (which are about the use and disclosure of protected information).
Receiving entities
(5) For the purposes of subsection (3), the following persons and bodies are covered by this subsection:
(a) the \*Slot Manager;
(b) the \*Compliance Committee;
(c) \*Airservices Australia;
(d) a person or body engaged to perform a compliance audit under the \*Slot Management Scheme or in relation to any other obligation under this Act;
(e) a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) that:
(i) has functions involving matters relevant to operations at Sydney Airport; and
(ii) is prescribed by the regulations for the purposes of this paragraph;
(f) any other person or body prescribed by the regulations for the purposes of this paragraph.
Minister may impose limits on use or further sharing
(6) The Minister may, by notice in writing given to the receiving entity, impose conditions that:
(a) limit the use of the information or documents given to the receiving entity; or
(b) prohibit the further sharing of the information or documents by the receiving entity.
(7) The receiving entity must comply with any such conditions.
Minister under no obligation to advise sharing
(8) The Minister need not notify any other person of the Minister’s plans to share the information or the documents with a receiving entity, or that the Minister has done so.
No commercial use
(9) A receiving entity must not use or further disclose the information or documents for a commercial purpose.
> Note: Receiving entities are also subject to secrecy obligations: see section 70G.