Commonwealth Consolidated Acts

PUBLIC HEALTH (TOBACCO AND OTHER PRODUCTS) ACT 2023 - SECT 146

Scope

  (1)   This section applies to the following information (the reported information ):

  (a)   a report, or part of a report, that the Minister decides not to publish under subsection   145(2);

  (b)   information that is not published under subsection   145(3).

Disclosure for limited purposes

  (2)   The Secretary may disclose the reported information to another person or body for the purposes of the person or body undertaking research, policy development or data analysis to assist the Department with:

  (a)   the administration of this Act; or

  (b)   achieving the objects in paragraphs 3(1)(a) and (b) (about regulated tobacco items).

  (3)   The Secretary must not disclose reported information under subsection   (2) to:

  (a)   another person who is not employed or engaged by the Commonwealth or by a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013 ); or

  (b)   a body that is not such a Commonwealth entity;

unless:

  (c)   the other person or body has undertaken not to use or further disclose the reported information except in accordance with a written agreement that:

  (i)   is in force between the Commonwealth and that person or body; and

  (ii)   applies in relation to the reported information; and

  (d)   the Secretary is satisfied that the reported information will be used or further disclosed only in accordance with the agreement.