sec.580Non-disclosure of commercially sensitive information

### sec.580 Non-disclosure of commercially sensitive information This section applies if— information about a person (a client ) is received by the Minister, the chief executive or the regulator (the entity ) under section 13 or chapter 2 , part 4 , division 1 or chapter 3 ; and the client who provides the information advises the entity that the information is commercially sensitive; and the entity believes disclosure of the information— would be likely to damage the client’s commercial activities; and would not be in the public interest. The entity must take all reasonable steps to ensure the information is not, without the client’s consent, disclosed to another person other than— an employee of the department or the health department who receives the information in the course of the employee’s duties; or the chief executive of the health department, if the disclosure is for the purpose of preventing or minimising a risk, or potential risk, to public health; or an investigator for the purpose of an investigation; or the Minister, the chief executive or the regulator. An employee mentioned in subsection (2) (a) must not disclose to any person information the employee obtains under subsection (2) . In this section— commercially sensitive means reasonably expected to affect adversely the client’s commercial activities, if made publicly available. investigator means a person— engaged by the regulator under section 468 ; or appointed under an Act for the purpose of monitoring or enforcing that Act or another law. s 580 amd 2010 No. 20 s 176 ; 2014 No. 16 s 101 sch 1 (sec.580-ssec.1) This section applies if— information about a person (a client ) is received by the Minister, the chief executive or the regulator (the entity ) under section 13 or chapter 2 , part 4 , division 1 or chapter 3 ; and the client who provides the information advises the entity that the information is commercially sensitive; and the entity believes disclosure of the information— would be likely to damage the client’s commercial activities; and would not be in the public interest. (sec.580-ssec.2) The entity must take all reasonable steps to ensure the information is not, without the client’s consent, disclosed to another person other than— an employee of the department or the health department who receives the information in the course of the employee’s duties; or the chief executive of the health department, if the disclosure is for the purpose of preventing or minimising a risk, or potential risk, to public health; or an investigator for the purpose of an investigation; or the Minister, the chief executive or the regulator. (sec.580-ssec.3) An employee mentioned in subsection (2) (a) must not disclose to any person information the employee obtains under subsection (2) . (sec.580-ssec.4) In this section— commercially sensitive means reasonably expected to affect adversely the client’s commercial activities, if made publicly available. investigator means a person— engaged by the regulator under section 468 ; or appointed under an Act for the purpose of monitoring or enforcing that Act or another law. - (a) information about a person (a client ) is received by the Minister, the chief executive or the regulator (the entity ) under section 13 or chapter 2 , part 4 , division 1 or chapter 3 ; and - (b) the client who provides the information advises the entity that the information is commercially sensitive; and - (c) the entity believes disclosure of the information— (i) would be likely to damage the client’s commercial activities; and (ii) would not be in the public interest. - (i) would be likely to damage the client’s commercial activities; and - (ii) would not be in the public interest. - (i) would be likely to damage the client’s commercial activities; and - (ii) would not be in the public interest. - (a) an employee of the department or the health department who receives the information in the course of the employee’s duties; or - (b) the chief executive of the health department, if the disclosure is for the purpose of preventing or minimising a risk, or potential risk, to public health; or - (c) an investigator for the purpose of an investigation; or - (d) the Minister, the chief executive or the regulator. - (a) engaged by the regulator under section 468 ; or - (b) appointed under an Act for the purpose of monitoring or enforcing that Act or another law.