Confidential commercial information may only be disclosed in certain circumstances
39 Confidential commercial information may only be disclosed in certain circumstances
A person commits an offence if—
the person discloses confidential commercial information that the person has only because of exercising functions under this Act or under the Commonwealth Act; and
the person knows that the information is confidential commercial information; and
the disclosure is not—
to the Territory, a Territory agency, the Commonwealth, a Commonwealth authority, a State, or a State agency for this Act, a corresponding State law or the Commonwealth Act; 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: imprisonment for 2 years.
A person commits an offence if—
the person discloses confidential commercial information that the person has only because of a disclosure permitted under subsection (1) or this subsection; and
the person knows that the information is confidential commercial information; and
the disclosure is not—
to the Territory, a Territory agency, the Commonwealth, a Commonwealth authority, a State, or a State agency for this Act, a corresponding State law or the Commonwealth Act; 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: imprisonment for 2 years.
In this section:
Commonwealth authority means—
a corporation established for a public purpose under a Commonwealth Act; or
a company in which a controlling interest is held by any 1 of the following, or by 2 or more of the following together:
the Commonwealth;
a corporation covered by paragraph (a);
an entity covered by subparagraph (i) or (ii).
corresponding State law—see the Commonwealth Act, section 7 (1).
court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.
State agency means—
a Minister of a State; or
a department of government of a State; or
an instrumentality of a State, including a corporation established for a public purpose under a law of a State; or
a company in which a controlling interest is held by any 1 of the following, or by 2 or more of the following together:
a State;
a Minister of a State;
an entity covered by subparagraph (i) or (ii).
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; or
a company in which a controlling interest is held by any one of the following, or by 2 or more of the following together:
the Territory;
an entity covered by paragraph (a), (c) or (d);
an entity covered by subparagraph (i) or (ii).
For the definition of confidential commercial information, see s 23.
Division 3.6 Review provisions
This Act’s bill:Explanatory statementSecond reading speech
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