§ 258 — Obligation to give information

258.—(1) A person is not excused for not complying with a requirement imposed under a relevant provision of this Act to give any information on the ground that the person is subject to a duty of confidentiality or privacy under any prescribed written law, any rule of law, any contract or any rule of professional conduct, that prevents or restricts the person from complying with the requirement.(2) Subject to subsection (4), a requirement imposed under a relevant provision of this Act to give any information has effect despite any obligations as to secrecy or other restrictions upon the disclosure of information imposed by any prescribed written law or any requirement imposed thereunder, any rule of law, any contract or any rule of professional conduct.

(3) No civil or criminal action, other than proceedings for an offence under section 256 or 257, shall lie against any person —(a)

for answering questions, if the person had answered the questions in good faith in compliance with a requirement imposed under a relevant provision of this Act;

(b)

for giving any document, information or material to a food security officer, an authorised officer, a food inspector, a Part 9 enforcement officer or an outsourced enforcement officer, if the person had given the document, information or material in good faith and in compliance with a requirement imposed under a relevant provision of this Act; or

(c)

for doing or omitting to do any act, if the person had done or omitted to do the act in good faith and as a result of complying with a requirement imposed under a relevant provision of this Act.

(4) Nothing in a relevant provision of this Act or this section requires a person to disclose any information subject to legal privilege.

(5) This section does not affect the Frustrated Contracts Act 1959.

(6) In this section, “prescribed written law” means any written law prescribed by the Minister by rules in the Gazette.

—(1) A person is not excused for not complying with a requirement imposed under a relevant provision of this Act to give any information on the ground that the person is subject to a duty of confidentiality or privacy under any prescribed written law, any rule of law, any contract or any rule of professional conduct, that prevents or restricts the person from complying with the requirement.

(2) Subject to subsection (4), a requirement imposed under a relevant provision of this Act to give any information has effect despite any obligations as to secrecy or other restrictions upon the disclosure of information imposed by any prescribed written law or any requirement imposed thereunder, any rule of law, any contract or any rule of professional conduct.

(3) No civil or criminal action, other than proceedings for an offence under section 256 or 257, shall lie against any person —(a)

for answering questions, if the person had answered the questions in good faith in compliance with a requirement imposed under a relevant provision of this Act;

(b)

for giving any document, information or material to a food security officer, an authorised officer, a food inspector, a Part 9 enforcement officer or an outsourced enforcement officer, if the person had given the document, information or material in good faith and in compliance with a requirement imposed under a relevant provision of this Act; or

(c)

for doing or omitting to do any act, if the person had done or omitted to do the act in good faith and as a result of complying with a requirement imposed under a relevant provision of this Act.

(4) Nothing in a relevant provision of this Act or this section requires a person to disclose any information subject to legal privilege.

(5) This section does not affect the Frustrated Contracts Act 1959.

(6) In this section, “prescribed written law” means any written law prescribed by the Minister by rules in the Gazette.