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PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION ACT 1991 - SECT 27B

Use of information given under section 27A

Uses

  (1)   A body covered by paragraph   27A(2)(a), (b), (c), (d), (e), (f), (g), (h), (i), (j) or (k) may use information given to it under subsection   27A(1) for any of the following purposes:

  (a)   to maintain a register of levy payers or charge payers;

  (b)   to maintain a register of those persons eligible to vote in any poll conducted by, or on behalf of, the body;

  (c)   to make public any information of a statistical nature;

  (d)   in performing any of its functions:

  (i)   under a law of the Commonwealth; or

  (ii)   under a contract, deed of agreement or other agreement between the Commonwealth and the body.

  (2)   In addition, a body covered by paragraph   27A(2)(d), (e), (f), (g), (h), (i), (j) or (k) may use information given to it under subsection   27A(1) to determine whether a person is, or remains eligible to be, a member or shareholder of the body.

  (3)   The Australian Bureau of Statistics may use information given to it under subsection   27A(1) to perform any of its functions.

Limits on secondary disclosure

  (4)   A body covered by any paragraph of subsection   27A(2) must not disclose information given to it under subsection   27A(1) to any other person or body except with the approval, in writing, of the Secretary.

  (4A)   The Secretary may make an approval given under subsection   (4) subject to conditions specified in the approval.

  (4B)   The Secretary may, by writing, revoke an approval given under subsection   (4) if the Secretary is satisfied that the holder of the approval has breached any conditions of the approval.

  (4C)   The Secretary must give notice of the revocation to the holder. The notice must specify the day the revocation takes effect.

  (4D)   Subsection   (4B) does not limit subsection   33(3) of the Acts Interpretation Act 1901 .

  (5)   Subsection   (4) does not apply to the disclosure of personal information (within the meaning of the Privacy Act 1988 ) to an individual to whom that personal information relates.

  (6)   If, in accordance with an approval under subsection   (4), information is disclosed to a person or body, that person or body may use the information:

  (a)   for an R&D activity (within the meaning of the Primary Industries Research and Development Act 1989 ); or

  (b)   for marketing activities (within the meaning of the Primary Industries Research and Development Act 1989 ); or

  (c)   for biosecurity purposes; or

  (d)   for National Residue Survey purposes; or

  (e)   if the disclosure was by a body (the discloser ) covered by paragraph   27A(2)(a), (b), (c), (d), (e), (f), (g), (h), (i), (j) or (k)--in connection with any activity carried out, or proposed to be carried out, by the discloser for the benefit of producers of collection products of a particular kind.

  (7)   An approval under subsection   (4) is not a legislative instrument.



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