Confidential commercial information must not be disclosed
187 Confidential commercial information must not be disclosed
A person who—
has confidential commercial information; and
has the information only because of exercising functions under this Act or under the Commonwealth Act or a corresponding State law within the meaning of the Commonwealth Act; and
knows that the information is confidential commercial information;
must not disclose the information.
Maximum penalty: 120 penalty units , imprisonment for 2 years or both.
A person who—
has confidential commercial information; and
has it because of a disclosure mentioned in subsection (3); and
knows that the information is confidential commercial information;
must not disclose the information.
Maximum penalty: 120 penalty units , imprisonment for 2 years or both.
This section does not apply to a disclosure of information—
to any of the following entities in the course of carrying out functions under this Act, the Commonwealth Act or a corresponding State law:
a territory agency;
the Commonwealth or a Commonwealth authority;
the gene technology technical advisory committee; or
by order of a court; or
with the consent of the person who applied to have the information treated as confidential commercial information.
In this section:
corresponding State law—see the Commonwealth Act, section 12.
court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.
disclose, in relation to information, means give or communicate in any way.
This section differs from the Commonwealth Act, s 187.
Division 12.4 Acts and omissions of representatives
This Act’s bill:Explanatory statementSecond reading speech
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