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AGRICULTURAL AND VETERINARY CHEMICALS CODE REGULATIONS 1995 - REG 69

Disclosure of confidential commercial information--records

  (1)   The APVMA must make a record, on each occasion on which confidential commercial information is disclosed, of:

  (a)   the name and address of the person to whom the information is disclosed; and

  (b)   the nature of the information disclosed; and

  (c)   the date on which the information was disclosed.

  (2)   A record made under subregulation   (1) must be kept for a period of 10 years.

  (3)   A person must not disclose any information contained in a record made under subregulation   (1) to a person who is not a member of the staff of the APVMA.

Penalty:   10 penalty units.

  (3A)   It is a defence to a prosecution under subregulation   (3) if the defendant:

  (a)   has a reasonable excuse; or

  (b)   has the permission in writing of the Minister or a person authorised under subregulation   (4).

Note:   A defendant bears an evidential burden in relation to the matters mentioned in this subregulation--see section   13.3 of the Criminal Code .

  (3B)   An offence under subregulation   (3) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .

  (4)   The Minister may, in writing, authorise a person for the purposes of subregulation   (3).


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