Chemistry Centre (WA)

Western Australia Chemistry Centre (WA) Act 2007 Western Australia Chemistry Centre (WA) Act 2007 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used in this Act 2 Part 2 — Chemistry Centre (WA) 4. Chemistry Centre established 5 5. Status 5 6. Board of management 5 7. Constitution and proceedings of board 5 8. Remuneration of members of the board 6 Part 3 — Functions and powers of the Chemistry Centre 9. Functions 7 10. Principles of operation 7 11. Powers 8 12. Transactions that require Ministerial approval 10 13. Exemptions from section 12 11 14. Delegation by the Chemistry Centre 11 15. Use of trading names for Chemistry Centre and its operations 12 Part 4 — Staff 16. Chief executive officer 13 17. Other staff and contractors 13 18. Use of other government staff and facilities 14 Part 5 — Accountability and financial provisions Division 1 — Accountability 19. Duty to observe policy instruments 15 20. Strategic development plan and statement of corporate intent 15 21. Minister to be kept informed 16 22. Minister may give directions 16 23. Minister to have access to information 17 24. Information not available to the Minister 18 25. Protection for disclosure or compliance with directions 18 Division 2 — Financial provisions 26. Chemistry Centre's funds 18 27. Chemistry Centre (WA) Account 19 28. Borrowing 19 29. Guarantees 20 30. Charges for guarantee 20 31. Liability for duties, taxes and other statutory imposts 20 Division 3 — Financial Management Act 2006 and Auditor General Act 2006 32. Application of Financial Management Act 2006 and Auditor General Act 2006 22 Part 6 — General provisions 33. Confidentiality 23 34. Confidentiality — contractors 24 35. Confidentiality — reports and other documents 25 36. Laying documents before Parliament 26 37. Execution of documents by Chemistry Centre 26 38. Contract formalities 27 39. Protection from liability 28 40. Regulations 28 41. Review of Act 28 42. Transitional and savings provisions 29 43. Amendments to other Acts 29 Schedule 1 — Constitution and proceedings of the board Division 1 — General provisions 1. Term of office 30 2. Resignation, removal, etc. 30 3. Leave of absence 30 4. Chairperson unable to act 30 5. Board member unable to act 31 6. Saving 31 7. Calling of meetings 31 8. Presiding officer 31 9. Quorum 31 10. Voting 32 11. Minutes 32 12. Resolution without meeting 32 13. Holding meetings remotely 32 14. Committees 32 15. Board to determine own procedures 32 Division 2 — Disclosure of interests etc. 16. Disclosure of interests 33 17. Voting by interested members 33 18. Clause 17 may be declared inapplicable 33 19. Quorum where clause 17 applies 34 20. Minister may declare clauses 17 and 19 inapplicable 34 Schedule 2 — Transitional provisions Division 1 — Interpretation 1. Terms used in this Schedule 35 Division 2 — Transfer of assets, liabilities, proceedings etc. 2. Minister may make transfer orders 35 3. Consequences of transfer order 37 4. Department to complete necessary transactions 37 5. Registration of documents 38 6. Exemption from State taxes 38 7. Rectifying error in transfer order 39 Division 3 — Continuing effect of things done 8. Terms used in this Division 40 9. Completion of things commenced 40 10. Continuing effect of references and things done generally 40 Division 4 — Miscellaneous transitional provisions 11. Relevant amount for the purposes of section 12 41 12. Further transitional provision may be made 41 13. Saving 41 Schedule 3 — Amendment of other written laws 1. Constitution Acts Amendment Act 1899 amended 43 2. Financial Management Act 2006 amended 43 3. Public Sector Management Act 1994 amended 43 4. Statutory Corporations (Liability of Directors) Act 1996 amended 44 5. Various references to Director of the Chemistry Centre changed to chief executive officer of the Chemistry Centre 44 6. State Superannuation Regulations 2001 amended 45 Notes Compilation table 46 Defined terms Western Australia Chemistry Centre (WA) Act 2007 An Act to — * establish an agency of the Crown with the function of providing chemical information, advice and analytical services to the State and other persons and with related functions; * make consequential amendments to certain Acts, and for related purposes. The Parliament of Western Australia enacts as follows: Part 1 — Preliminary 1. Short title This is the Chemistry Centre (WA) Act 2007. 2. Commencement (1) This Act, other than Part 1 and Schedule 2, comes into operation on a day fixed by proclamation. (2) Different days may be fixed under subsection (1) for different provisions. (3) Part 1 and Schedule 2 come into operation on the day on which this Act receives the Royal Assent. 3. Terms used in this Act (1) In this Act, unless the contrary intention appears — account means the account referred to in section 27; board means the board of management provided for under section 6 and, in Schedule 1 Division 2, includes a committee; chairperson means the chairperson of the board; Chemistry Centre means the Chemistry Centre (WA) established by section 4; chief executive officer means the chief executive officer referred to in section 16; client related information means, in relation to services provided by the Chemistry Centre — (a) information obtained from or for a private client as part of providing those services to the client; or (b) the fact that a private client has sought those services; committee means a committee appointed under Schedule 1 clause 14; government agency means — (a) a department of the Public Service; (b) a State agency or instrumentality; or (c) a body (whether incorporated or not) or the holder of an office, post or position, established or continued by or under a written law for a public purpose; member of staff means the chief executive officer or a person referred to in section 17(1) or (2); member of the board includes a person appointed under Schedule 1 clause 5 and, in Schedule 1 Division 2, includes a member of a committee; personal information means information or an opinion, whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information, but does not include information or an opinion about a member of the board, a member of a committee, a member of staff or any other person engaged under section 17 or made available under section 17(6) or 18, in that capacity; private client means a person or organisation, other than a government agency — (a) for whom the Chemistry Centre has provided, or is providing, services; or (b) who has sought the services of the Chemistry Centre; subsidiary means — (a) a body determined to be a subsidiary of the Chemistry Centre under subsection (2); or (b) a unit trust, joint venture or partnership where the interest or other rights of the Chemistry Centre in connection with the unit trust, joint venture or partnership entitle the Chemistry Centre to — (i) control the composition of the governing body of the unit trust, joint venture or partnership; (ii) cast, or control the casting of, more than one‑half of the maximum number of votes that might be cast at a general meeting of the unit trust, joint venture or partnership; or (iii) control the business affairs of the unit trust, joint venture or partnership. (2) The Commonwealth Corporations Act 2001 Part 1.2 Division 6 applies for the purpose of determining whether a body is a subsidiary of the Chemistry Centre. Part 2 — Chemistry Centre (WA) 4. Chemistry Centre established (1) A body called the Chemistry Centre (WA) is established. (2) The Chemistry Centre is a body corporate with perpetual succession. (3) Proceedings may be taken by or against the Chemistry Centre in its corporate name. 5. Status The Chemistry Centre is an agent of the Crown and enjoys the status, immunities and privileges of the Crown. 6. Board of management (1) The Chemistry Centre is to have a board of management comprising — (a) one member appointed as the chairperson; (b) one member appointed as the deputy chairperson; and (c) 5 other members. (2) The board is the governing body of the Chemistry Centre and, in the name of the Chemistry Centre, is to perform the functions of the Chemistry Centre. (3) The members of the board are to be appointed by the Minister. (4) The Minister is to ensure that each person appointed to the board has expertise that, in the Minister's opinion, is relevant to the functions of the Chemistry Centre. 7. Constitution and proceedings of board Schedule 1 has effect with respect to the board and its members and a committee and its members. 8. Remuneration of members of the board (1) A member of the board is to be paid such remuneration and travelling and other allowances as are determined in his or her case by the Minister on the recommendation of the Public Sector Commissioner. (2) A member of a committee who is not a member of the board is to be paid such remuneration and travelling and other allowances as are determined in his or her case by the Minister on the recommendation of the Public Sector Commissioner. [Section 8 amended: No. 39 of 2010 s. 89.] Part 3 — Functions and powers of the Chemistry Centre 9. Functions The functions of the Chemistry Centre are — (a) to provide chemical information, advice and analytical services to government agencies, particularly, but not exclusively, in the areas of — (i) forensic science and medicine; (ii) public health and safety; (iii) environmental protection; and (iv) crisis and emergency response and management; (b) to undertake research and development that will, or is likely to, assist — (i) in the development of the State; and (ii) in the performance of its other functions; (c) to promote, and assist in the provision of, chemistry based education and training and fundamental and applied research and development; (d) to earn revenue by engaging in commercial activities that are not inconsistent with, and do not have an adverse effect on, the performance of its other functions and are — (i) connected with the performance of the Chemistry Centre's other functions; or (ii) authorised by the regulations. 10. Principles of operation (1) The Chemistry Centre is to perform its functions and manage its affairs in accordance with the following principles — (a) it is to provide high quality, independent chemical information, advice and analytical services; (b) it is to provide that information and advice and those services in a timely manner; (c) it is to maintain its capacity to adhere to the principles in paragraphs (a) and (b), particularly, but not exclusively, by ensuring that — (i) persons with the skills and experience necessary to do so are members of staff, or otherwise employed by or made available to it; and (ii) it has, or has available to it, the materials, equipment and infrastructure necessary to perform its functions; (d) it is to perform its functions in a cost effective manner (to the extent practicable). (2) When engaging, or proposing to engage, in a commercial activity, the Chemistry Centre is to ensure that — (a) the activity is consistent with its strategic development plan and statement of corporate intent; and (b) the activity is likely to be of benefit to the community of Western Australia. (3) The Chemistry Centre may perform any of its functions in the State or elsewhere. 11. Powers (1) The Chemistry Centre has all the powers it needs to perform its functions. (2) The Chemistry Centre may, for the purpose of performing any of its functions, but subject to any limitation imposed by this Act — (a) acquire, construct, add to, alter, improve, hold, maintain, manage, develop or dispose of, real or personal property; (b) enter into a contract or other arrangement, including a contract or arrangement for the provision of services to the Chemistry Centre; (c) act as an agent or provide consultancy, professional or technical services or other assistance under a contract for services or other arrangement; (d) with the Minister's and the Treasurer's approval, participate in any business concern or acquire, hold and dispose of, shares, units or other interests in or relating to a business concern; (e) collaborate with any person or body in the performance of its functions; (f) carry out any investigation, survey, exploration, feasibility study, evaluation or review; (g) produce and publish information on matters relating to its functions, including results for research and development undertaken by the Chemistry Centre, alone or collaboratively; (h) produce and deal in any equipment, facilities or system associated with the performance of its functions; (i) develop and turn to account any technology, software or other intellectual property that relates to its functions and, for that purpose, apply for, hold, exploit and dispose of any patent, patent rights, copyright or similar rights; and (j) promote and market the Chemistry Centre and its activities. (3) Subsection (2) does not limit subsection (1) or any of the Chemistry Centre's other powers. (4) The Chemistry Centre may — (a) make any gift for a charitable purpose or any other purpose of benefit to the community or a section of the community; (b) make any ex gratia payment that it considers to be in the Chemistry Centre's interest; or (c) accept any gift or other payment if it is absolute, or subject to conditions that it would be able to satisfy. (5) In this section — acquire includes acquiring — (a) by way of a lease, licence, easement or bailment; or (b) in any other manner in which an interest in property may be acquired; business concern means a company, a partnership, a trust, a joint venture or any other business arrangement; dispose of includes dispose of — (a) by way of a lease, licence, easement or bailment; or (b) in any other manner in which an interest in property may be disposed of; participate in a business concern includes form, promote, establish, enter into, manage, dissolve, wind up, and do things incidental to participating in, a business concern. 12. Transactions that require Ministerial approval (1) Despite sections 9, 10 and 11, the Chemistry Centre must get the Minister's approval before a transaction to which this section applies is entered into. (2) This section applies to a transaction if — (a) it is to be entered into by the Chemistry Centre or a subsidiary of the Chemistry Centre; (b) it is not exempt under section 13; and (c) the Chemistry Centre's liability exceeds the relevant amount. (3) For the purposes of subsection (2)(c) — (a) the Chemistry Centre's liability is the amount or value of the consideration or the amount to be paid by the Chemistry Centre or a subsidiary, worked out as at the time when the transaction is entered into; and (b) the relevant amount is the larger of — (i) an amount equal to 5% of the value of the total reported assets of the Chemistry Centre as set out in the most recent annual report of the Chemistry Centre under the Financial Management Act 2006 Part 5; or (ii) $1 000 000. (4) In this section and section 13 — transaction includes a contract or other arrangement but does not include — (a) an exercise of the power under section 11(2)(d); or (b) a transaction under section 28. 13. Exemptions from section 12 (1) The Minister, with the Treasurer's concurrence, may by order exempt a transaction or class of transaction from the operation of section 12 either unconditionally or on specified conditions. (2) An order under subsection (1) may be revoked or amended by the Minister with the Treasurer's concurrence. (3) The Minister must, within 14 days after an order under subsection (1) or (2) is made, cause a copy of it to be laid before each House of Parliament or be dealt with in accordance with section 36. 14. Delegation by the Chemistry Centre (1) The Chemistry Centre may delegate to a person any power or duty of the Chemistry Centre under another provision of this Act. (2) The delegation must be in writing executed by the Chemistry Centre. (3) If a person is not a member of the board or a member of the staff of the Chemistry Centre, a power or duty can only be delegated to the person under this section if the person has been approved for the purposes of this section by the Minister. (4) An approval under subsection (3) may be given in respect of — (a) a specified person or persons of a specified class; or (b) the holder or holders for the time being of a specified office or class of office. (5) A person to whom a power or duty is delegated under this section cannot delegate that power or duty. (6) A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (7) Nothing in this section limits the ability of the Chemistry Centre to perform a function through an officer or agent. (8) This section does not apply to the execution of documents but authority to execute documents on behalf of the Chemistry Centre can be given under section 37. 15. Use of trading names for Chemistry Centre and its operations The Chemistry Centre may use and operate under one or more trading names approved by the Minister, being — (a) an abbreviation or adaptation of its corporate name; or (b) a name other than its corporate name. Part 4 — Staff 16. Chief executive officer (1) A chief executive officer of the Chemistry Centre is to be appointed under the Public Sector Management Act 1994 Part 3. (2) Subject to the control of the board, the chief executive officer is to administer the day to day operations of the Chemistry Centre. 17. Other staff and contractors (1) Public service officers may be appointed or made available under the Public Sector Management Act 1994 Part 3 to enable the Chemistry Centre to perform its functions. (2) The Chemistry Centre may engage persons as staff otherwise than under the Public Sector Management Act 1994 Part 3. (3) The remuneration of and other terms and conditions of employment of persons referred to in subsection (2) are not to be less favourable than is provided for in — (a) an applicable industrial award, order or agreement under the Industrial Relations Act 1979; or (b) the Minimum Conditions of Employment Act 1993. (4) Nothing in subsection (3) affects the operation of the Industrial Relations Act 1979 Part VID. (5) Subsections (1) and (2) do not affect the power of the Chemistry Centre to engage a person under a contract for services or appoint a person on a casual employment basis under the Public Sector Management Act 1994 section 100. (6) The Chemistry Centre may, by arrangement on such terms as are agreed with the relevant parties, make use of the services of a person employed by another person. 18. Use of other government staff and facilities (1) The Chemistry Centre may by arrangement with the relevant employing authority make use, either full‑time or part‑time, of the services of any officer or employee — (a) in the Public Service; (b) in a State agency or instrumentality; or (c) otherwise in the service of the State. (2) The Chemistry Centre may by arrangement with — (a) a department of the Public Service; or (b) a State agency or instrumentality, make use of any facilities of the department, agency or instrumentality. (3) An arrangement under subsection (1) or (2) is to be made on such terms as are agreed to by the parties. (4) In this section, employing authority, Public Service and other expressions used in the Public Sector Management Act 1994 each have the meaning given to them in that Act. Part 5 — Accountability and financial provisions Division 1 — Accountability 19. Duty to observe policy instruments The Chemistry Centre is to perform its functions in accordance with its strategic development plan and its statement of corporate intent as existing from time to time. 20. Strategic development plan and statement of corporate intent (1) The Board must, at the prescribed times, prepare and submit to the Minister — (a) a strategic development plan for the Chemistry Centre; and (b) a statement of corporate intent for the Chemistry Centre. (2) The regulations may make provision for the following — (a) the manner and form in which the Board is to prepare, submit, revise or modify a strategic development plan or statement of corporate intent; (b) the period a strategic development plan or statement of corporate intent is to cover; (c) the matters to be set out in a strategic development plan or statement of corporate intent; (d) the functions of the Board, the Minister and the Treasurer in relation to the development, approval or modification of a strategic development plan or statement of corporate intent; (e) the operation of a strategic development plan or statement of corporate intent. (3) If a regulation referred to in subsection (2) enables the Minister to give directions to the Board, the Minister must cause a copy of a direction given under the regulation to be laid before each House of Parliament or be dealt with in accordance with section 36 — (a) within 14 days after a direction is given; or (b) if the direction is the subject of a notice under the Statutory Corporations (Liability of Directors) Act 1996 section 17, within 14 days after it is confirmed under that section. (4) Regulations referred to in subsection (2) are not to be made except with the Treasurer's concurrence. 21. Minister to be kept informed (1) The Chemistry Centre must — (a) keep the Minister reasonably informed of the operations, financial performance, and financial position of the Chemistry Centre and prospects of the Chemistry Centre; (b) give the Minister reports and information that the Minister requires for the making of informed assessments of matters referred to in paragraph (a); and (c) if matters arise that in the Chemistry Centre's opinion may prevent, or significantly affect, achievement of the Chemistry Centre's objectives and targets outlined in its strategic development plan and statement of corporate intent — promptly inform the Minister of the matters and its opinion in relation to them. (2) This section is subject to section 24. 22. Minister may give directions (1) The Minister may give written directions to the Chemistry Centre with respect to the performance of its functions generally, and the Chemistry Centre must give effect to any such direction. (2) The Minister must cause a copy of a direction under subsection (1) to be laid before each House of Parliament, or dealt with under section 36, within 14 days after the day on which the direction is given. (3) The text of a direction under subsection (1) is to be included in the annual report submitted by the accountable authority of the Chemistry Centre under the Financial Management Act 2006 Part 5. 23. Minister to have access to information (1) The Minister is entitled — (a) to have information in the possession of the Chemistry Centre; and (b) if the information is in or on a document, to have, and make and retain copies of, that document. (2) For the purposes of subsection (1) the Minister may — (a) request the Chemistry Centre to give information to the Minister; (b) request the Chemistry Centre to give the Minister access to information; and (c) request the use of the staff of the Chemistry Centre to obtain the information and give it to the Minister. (3) The Chemistry Centre must comply with a request under subsection (2). (4) This section is subject to section 24. (5) In this section — document includes any tape, disk or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise; information means information specified, or of a description specified, by the Minister that relates to the functions of the Chemistry Centre. 24. Information not available to the Minister (1) Nothing in this Act entitles the Minister to have client related information or personal information in the possession of the Chemistry Centre obtained in the course of the Chemistry Centre performing its functions. (2) This section does not apply to, or in relation to, client related information or personal information to the extent to which — (a) the information is already in the public domain; (b) the information is summary or statistical information that could not reasonably be expected to enable particulars relating to any person or organisation to be ascertained; (c) disclosure of the information to the Minister is required by another written law; or (d) disclosure of the information to the Minister is authorised by each person or organisation to whom it relates. 25. Protection for disclosure or compliance with directions The Chemistry Centre or a person performing functions under this Act is not liable — (a) in respect of any claim arising as a consequence of the disclosure of information or documents under this Act; or (b) for the fact of having done or omitted a thing that is required to be done or omitted by a direction given under this Act. Division 2 — Financial provisions 26. Chemistry Centre's funds The funds available for enabling the Chemistry Centre to perform its functions consist of — (a) money received by the Chemistry Centre in the performance of its functions; (b) money from time to time appropriated by Parliament; (c) money borrowed by the Chemistry Centre under section 28; and (d) other money lawfully received by, made available to, or payable to, the Chemistry Centre under this or any other Act. 27. Chemistry Centre (WA) Account (1) Money received by the Chemistry Centre is to be credited to, and money paid by the Chemistry Centre is to be debited to, an account called the "Chemistry Centre (WA) Account", which is to be established — (a) as an agency special purpose account under the Financial Management Act 2006 section 16; or (b) with the approval of the Treasurer, at a bank as defined in section 3 of that Act. (2) The Minister may — (a) with the concurrence of the Treasurer, fix an amount that the Chemistry Centre is required to pay to the Treasurer by way of financial return to the State; and (b) under section 22, direct the Chemistry Centre to make the payment. (3) The amount fixed under subsection (2) is limited to the amount of the Chemistry Centre's profits. 28. Borrowing (1) The Chemistry Centre may, with the prior approval of the Minister and the Treasurer and on the terms and conditions determined by the Treasurer — (a) borrow or re‑borrow money; (b) obtain credit; or (c) otherwise arrange for financial accommodation to be extended to the Chemistry Centre. (2) The total amount of money borrowed in any one financial year is not to exceed the amount determined by the Treasurer. (3) The Chemistry Centre is to keep any register that the regulations require for the purposes of this section. 29. Guarantees (1) The Treasurer, on the Minister's recommendation, may, in the name and on behalf of the State, guarantee the performance by the Chemistry Centre, in the State or elsewhere, of any financial obligation of the Chemistry Centre. (2) A guarantee is to be in the form, and subject to the terms and conditions, determined by the Treasurer. (3) The due payment of money payable by the Treasurer under a guarantee is to be charged to the Consolidated Account, which this subsection appropriates accordingly. (4) The Treasurer is to cause any amounts received or recovered, from the Chemistry Centre or otherwise, in respect of any payment made by the Treasurer under a guarantee to be credited to the Consolidated Account. 30. Charges for guarantee (1) The Treasurer may, after consultation with the Chemistry Centre, fix charges to be paid by the Chemistry Centre to the Treasurer for the benefit of the Consolidated Account in respect of a guarantee given under section 29. (2) Payments by the Chemistry Centre to the Treasurer in respect of those charges are required to be made at times, and in instalments, as determined by the Treasurer. 31. Liability for duties, taxes and other statutory imposts (1) Despite any other written law but except as stated in subsection (2) — (a) the Chemistry Centre; and (b) deeds or other instruments to which it is a party, are liable to and chargeable with duties, taxes or other imposts under any written law. (2) Despite subsection (1) but subject to subsection (3), the Chemistry Centre is not liable to pay any local government rate or charge. (3) Subsection (2) does not apply to the liability to pay any rate or charge in respect of land held under a lease or tenancy agreement from the Chemistry Centre. (4) The Chemistry Centre is to pay to the Treasurer in respect of each financial year an amount equivalent to the sum of all local government rates and charges that, but for subsection (2) and the Local Government Act 1995 section 6.26(2)(a)(i), the Chemistry Centre would have been liable to pay in respect of that financial year. (5) Subsection (4) does not apply in relation to rates and charges in respect of land referred to in subsection (3). (6) An amount payable under subsection (4) — (a) is to be determined in accordance with such principles as the Treasurer may direct; and (b) is to be paid at such time or times as the Treasurer may direct. (7) The first payment under subsection (4) is to be in respect of the next full financial year after the commencement of this Act. Division 3 — Financial Management Act 2006 and Auditor General Act 2006 32. Application of Financial Management Act 2006 and Auditor General Act 2006 The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of the Chemistry Centre and its operations. Part 6 — General provisions 33. Confidentiality (1) This section applies to a person who is or has been a member of the board, a member of a committee, a member of staff or any other person engaged or appointed under section 17 or made available under section 17(6) or 18. (2) A person to whom this section applies must not, directly or indirectly, record, disclose or make use of any information obtained in the course of duty except — (a) for the purpose of performing functions under this Act or another written law; (b) as required under another written law; (c) with the written consent of the person to whom the information relates; or (d) in other prescribed circumstances. Penalty: a fine of $10 000 or imprisonment for 12 months. (3) For the purposes of subsection (2)(a), it is not a function of a person to whom this section applies to, directly or indirectly, record, disclose or make use of any client related information or personal information unless it is necessary to do so — (a) as part of providing a service to the client to whom the information relates; (b) for the internal management and control of the Chemistry Centre; or (c) for the purposes of subsection (5). (4) Subsection (3) does not limit the functions of a person to whom this section applies to the extent to which — (a) the information is already in the public domain; (b) the information is summary or statistical information that could not reasonably be expected to enable particulars relating to any person to be ascertained; or (c) recording, disclosing or making use of the information is authorised by each person or organisation to whom it relates. (5) Despite the rest of the provisions of this Act, the board may disclose information to the Minister if the board considers that, because of the exceptional nature of the case, it is in the public interest to do so. 34. Confidentiality — contractors (1) This section applies in respect of a contract with the Chemistry Centre for the provision of services to the Chemistry Centre and applies to — (a) a person with whom the Chemistry Centre has the contract; (b) a director or employee of a person referred to in paragraph (a); and (c) any other person who performs functions under or in fulfilment of the contract. (2) A person to whom this section applies must not, directly or indirectly, record, disclose or make use of any information obtained in the course of performing functions under or in fulfilment of the contract except — (a) for the purpose of performing functions under or in fulfilment of the contract; (b) as required under another written law; (c) with the written consent of the person to whom the information relates; or (d) in other prescribed circumstances. Penalty: a fine of $10 000 or imprisonment for 12 months. (3) In this section — director has the meaning given to that term in the Commonwealth Corporations Act 2001 section 9. 35. Confidentialit