Queensland Consolidated Acts

JUDICIAL REVIEW ACT 1991 - SECT 35

35 Exception for information relating to personal or business affairs

(1) This section applies to information to which a request made to a person under section 32 relates if the information—

(a) relates to the personal affairs or business affairs of a person, other than the person making the request; and

(b) is of a confidential nature.

(2) For the purposes of subsection (1) , information is taken to be of a confidential nature if the information is information—

(a) that was supplied in confidence and continues to retain its confidential character; or

(b) the publication of which would reveal a trade secret; or

(c) the publication of which would, or could reasonably be expected to, adversely affect a State authority or local government authority in relation to its competitive commercial activities; or

(d) that was given under a duty imposed by an enactment; or

(e) the giving of which under the request would be in contravention of an enactment that expressly imposes on the person to whom the request is made a duty not to divulge or communicate information of that kind—

(i) to a person; or

(ii) to a person, other than a person included in a class of persons prescribed by regulation; or

(iii) except in circumstances prescribed by regulation.

(3) Section 37 specifies the consequences of this section applying to information.