Disclosure of protected cartel information to a court or tribunal
157B Disclosure of protected cartel information to a court or tribunal
Commission or a Commission official not required to disclose protected cartel information
The Commission or a Commission official is not to be required:
to produce to a court or tribunal a document containing protected cartel information; or
to disclose protected cartel information to a court or tribunal;
except with the leave of the court or tribunal.
In exercising its powers to grant leave under subsection (1), the court or tribunal must have regard to the following matters:
the fact that the protected cartel information was given to the Commission in confidence;
Australia’s relations with other countries;
the need to avoid disruption to national and international efforts relating to law enforcement, criminal intelligence and criminal investigation;
in a case where the protected cartel information was given by an informant:
the protection or safety of the informant or of persons associated with the informant; and
the fact that the production of a document containing protected cartel information, or the disclosure of protected cartel information, may discourage informants from giving protected cartel information in the future;
in the case of a court—the interests of the administration of justice;
in the case of a tribunal—the interests of securing the effective performance of the tribunal’s functions;
and must not have regard to any other matters.
If:
a document is produced; or
information is disclosed;
to a court or tribunal in accordance with leave granted under subsection (1) in relation to particular proceedings, the document or information must not be adduced in other proceedings before the court or tribunal except:
in accordance with leave granted under subsection (1) in relation to the other proceedings; or
as a result of an exercise of power under subsection (4) in relation to the other proceedings.
Commission or a Commission official may disclose protected cartel information
The Commission or a Commission official may:
produce to the court or tribunal a document containing protected cartel information; or
disclose protected cartel information to the court or tribunal.
In exercising the powers conferred by subsection (4), the Commission or Commission official must have regard to the following matters:
the fact that the protected cartel information was given to the Commission in confidence;
Australia’s relations with other countries;
the need to avoid disruption to national and international efforts relating to law enforcement, criminal intelligence and criminal investigation;
in a case where the protected cartel information was given by an informant:
the protection or safety of the informant or of persons associated with the informant; and
the fact that the production of a document containing protected cartel information, or the disclosure of protected cartel information, may discourage informants from giving protected cartel information in the future;
in the case of production or disclosure to a court—the interests of the administration of justice;
in the case of production or disclosure to a tribunal—the interests of securing the effective performance of the tribunal’s functions;
and must not have regard to any other matters.
If:
a document is produced; or
information is disclosed;
to a court or tribunal as a result of an exercise of power under subsection (4) in relation to particular proceedings, the document or information must not be adduced in other proceedings before the court or tribunal except:
in accordance with leave granted under subsection (1) in relation to the other proceedings; or
as a result of an exercise of power under subsection (4) in relation to the other proceedings.
Definitions
In this section:
Commission official means:
a member, or associate member, of the Commission; or
a person referred to in subsection 27(1); or
a person engaged under section 27A.
disclose means divulge or communicate.
protected cartel information means information that:
was given to the Commission in confidence; and
relates to a breach, or a possible breach, of section 45AF, 45AG, 45AJ or 45AK.
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