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OFFSHORE MINERALS ACT 1994 - SECT 416

Circumstances in which confidential material released

  (1)   If:

  (a)   the Designated Authority holds confidential information or a confidential sample; and

  (b)   the responsible Commonwealth Minister seeks access to the information or sample;

the Designated Authority must make the information or sample available to the Minister.

Note:   This subsection cannot apply to the Designated Authority of an external territory offshore area because the responsible Commonwealth Minister is the Designated Authority.

  (2)   If:

  (a)   the Designated Authority holds any document:

  (i)   associated with confidential information or a confidential sample; and

  (ii)   received or issued by the Designated Authority for the purposes of this Act; and

  (b)   the responsible Commonwealth Minister seeks access to the document;

the Designated Authority must make the document available to the Minister.

Note:   This subsection cannot apply to the Designated Authority of an external territory offshore area because the responsible Commonwealth Minister is the Designated Authority.

  (3)   If:

  (a)   the Designated Authority holds any document:

  (i)   associated with confidential information or a confidential sample; and

  (ii)   that is a copy of a notice or direction issued by the Designated Authority for the purposes of this Act; and

  (b)   the responsible Commonwealth Minister seeks access to the document;

the Designated Authority must make the document available to the Minister.

Note:   This subsection cannot apply to the Designated Authority of an external territory offshore area because the responsible Commonwealth Minister is the Designated Authority.

  (4)   The Designated Authority may make confidential information or a confidential sample held by the Designated Authority available to:

  (a)   a State Minister; or

  (b)   a Commonwealth Minister.

Note:   For confidential information and confidential sample see sections   27 and 28.



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