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Horse Disease Response Levy Collection Bill 2011

Part 5 Miscellaneous

   

36   Disclosure of information

             (1)  An authorised person may disclose information described in subsection (2) to any of the following:

                     (a)  a body that is representative of the horse industry and is a party to the EADR agreement;

                     (b)  the Australian Animal Health Council Limited (ACN 071 890 956);

                     (c)  any other person to whom the Secretary allows information to be disclosed.

             (2)  The information is:

                     (a)  information relating to amounts of levy received or receivable by the Commonwealth; or

                     (b)  the name, address and other contact details of a person who is or was liable to pay levy.

Note 1:       Information relating to amounts of levy received or receivable may be information relating to a particular sector of the horse industry or a levy relating to activities in a particular State, Territory or region.

Note 2:       Information described in paragraph (2)(b) is personal information for the purposes of the Privacy Act 1988 , so paragraph 3 of Information Privacy Principle 11 in section 14 of that Act applies to use and further disclosure of that information if it is disclosed under this section.

             (3)  Subsection (1) does not authorise the disclosure of information relating to the amount of levy received or receivable by the Commonwealth from a person whose name, address or other contact details are disclosed under that subsection.

37   Authorised persons

             (1)  The Secretary may appoint in writing a person appointed or engaged under the Public Service Act 1999 to be an authorised person for the purposes of one or more specified provisions of this Act.

             (2)  The Secretary must not appoint a person as an authorised person unless the Secretary is satisfied that the person has suitable qualifications and experience to properly exercise the powers of an authorised person.

             (3)  An authorised person must, in exercising powers or performing functions as an authorised person, comply with any directions of the Secretary.

             (4)  If the Secretary gives a direction under subsection (3) in writing, the direction is not a legislative instrument.

38   Identity cards for authorised persons

             (1)  The Secretary must issue an identity card to an authorised person.

             (2)  The identity card must:

                     (a)  be in the form prescribed by the regulations; and

                     (b)  contain a recent photograph of the person.

             (3)  A person commits an offence if:

                     (a)  the person has been issued with an identity card; and

                     (b)  the person ceases to be an authorised person; and

                     (c)  the person does not return the identity card to the Secretary as soon as practicable after ceasing.

Penalty:  1 penalty unit.

             (4)  An offence against subsection (3) is an offence of strict liability.

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

             (5)  Subsection (3) does not apply if the identity card was lost or destroyed.

Note:          A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code .

             (6)  An authorised person must carry his or her identity card at all times when exercising powers as an authorised person.

39  Delegation

             (1)  The Secretary may delegate in writing all or any of his or her powers under this Act or the regulations to an APS employee in the Department.

             (2)  In the exercise of a delegated power, a delegate is subject to the directions of the Secretary.

             (3)  If the Secretary gives a direction under subsection (2) in writing, the direction is not a legislative instrument.

40   Regulations

             (1)  The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  The regulations may:

                     (a)  make provision relating to the payment of levy and late payment penalty; and

                     (b)  prescribe requirements for manufacturers or importers of manufactured feed or worm treatments to make and keep records relating to manufactured feed or worm treatments; and

                     (c)  prescribe requirements for manufacturers or importers of manufactured feed or worm treatments to give returns, information or documents for the purposes of this Act; and

                     (d)  provide for penalties, not exceeding 10 penalty units, for offences against the regulations.

             (3)  The regulations may provide that information given in accordance with a requirement covered by paragraph (2)(c) must be verified by statutory declaration.

             (4)  Subsections (2) and (3) do not limit subsection (1).

(142/11)