Tobacco and Other Smoking Products Act 1998
sec.233Disclosure of information to entities performing relevant functions
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sec.233 Disclosure of information to entities performing relevant functions
This section applies to information a person obtains in performing a function or exercising a power under this Act. The chief executive may disclose the information to— an entity of the Commonwealth or a State, for performing the entity’s functions relating to the regulation or prohibition of the supply of smoking products or illicit nicotine products; or a law enforcement agency, for the purposes of detecting, investigating, preventing or prosecuting an offence in relation to a regulated substance under the Medicines and Poisons Act 2019 , section 17 ; or another entity, for a purpose prescribed by regulation. However, the chief executive may disclose the information to an entity under subsection (2) only if satisfied— the disclosure is reasonably necessary for the entity to exercise its functions; and the information will be collected, stored and used by the entity in a way that protects the privacy of the persons to whom the information relates from unjustified intrusion. s 233 ins 2023 No. 16 s 60 amd 2024 No. 51 s 32 (sec.233-ssec.1) This section applies to information a person obtains in performing a function or exercising a power under this Act. (sec.233-ssec.2) The chief executive may disclose the information to— an entity of the Commonwealth or a State, for performing the entity’s functions relating to the regulation or prohibition of the supply of smoking products or illicit nicotine products; or a law enforcement agency, for the purposes of detecting, investigating, preventing or prosecuting an offence in relation to a regulated substance under the Medicines and Poisons Act 2019 , section 17 ; or another entity, for a purpose prescribed by regulation. (sec.233-ssec.3) However, the chief executive may disclose the information to an entity under subsection (2) only if satisfied— the disclosure is reasonably necessary for the entity to exercise its functions; and the information will be collected, stored and used by the entity in a way that protects the privacy of the persons to whom the information relates from unjustified intrusion.
- (a) an entity of the Commonwealth or a State, for performing the entity’s functions relating to the regulation or prohibition of the supply of smoking products or illicit nicotine products; or
- (b) a law enforcement agency, for the purposes of detecting, investigating, preventing or prosecuting an offence in relation to a regulated substance under the Medicines and Poisons Act 2019 , section 17 ; or
- (c) another entity, for a purpose prescribed by regulation.
- (a) the disclosure is reasonably necessary for the entity to exercise its functions; and
- (b) the information will be collected, stored and used by the entity in a way that protects the privacy of the persons to whom the information relates from unjustified intrusion.