92A

Confidential commercial information must not be disclosed

In force

(1)

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

(2)

A person commits an offence if—

(a)

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

(b)

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

(c)

the disclosure is not—

(i)

to the Territory or a Territory agency; or

(ii)

by order of a court; or

(iii)

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.

(3)

A person commits an offence if—

(a)

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

(b)

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

(c)

the disclosure is not—

(i)

to the Territory or a Territory agency; or

(ii)

by order of a court; or

(iii)

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.

(4)

In this section:

confidential commercial information means—

(a)

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

(b)

other information that—

(i)

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

(ii)

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)

a Minister; or

(b)

an administrative unit; or

(c)

a territory instrumentality; or

(d)

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

This Act’s bill:Explanatory statement

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