Environment Protection Act 1997

This section applies to information given to the director‑general under section 92.

A person commits an offence if—

the person discloses confidential commercial information that the person has only because of exercising a function under this Act; and

the person knows that the information is confidential commercial information; and

the disclosure is not—

to the Territory or a Territory agency; or

by order of a court; or

with the consent of each person to whom the information has a commercial or other value.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

A person commits an offence if—

the person discloses confidential commercial information that the person has only because of a disclosure permitted under subsection (2); and

the person knows that the information is confidential commercial information; and

the disclosure is not—

to the Territory or a Territory agency; or

by order of a court; or

with the consent of each person to whom the information has a commercial or other value.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

In this section:

confidential commercial information means—

information that has a commercial or other value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed; or

other information that—

concerns the lawful commercial or financial affairs of a person or undertaking; and

if it were disclosed, could unreasonably affect the person or undertaking.

court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.

Territory agency means—

a Minister; or

an administrative unit; or

a territory instrumentality; or

a corporation established for a public purpose under a Territory Act.

Part 10 Functions of the Minister