Disclosure of protected cartel information to a party to court proceedings etc
157C Disclosure of protected cartel information to a party to court proceedings etc
Commission or Commission official not required to make discovery of documents containing protected cartel information etc.
If:
a person is a party to proceedings before a court; and
the Commission is not a party to the proceedings;
the Commission or a Commission official is not to be required, in connection with the proceedings, to:
make discovery (however described) to the person of a document containing protected cartel information; or
produce to the person a document containing protected cartel information.
If:
a person is considering instituting proceedings before a court; and
the proceedings have not yet been instituted;
the Commission or a Commission official is not to be required, in connection with the prospective proceedings, to:
make discovery (however described) to the person of a document containing protected cartel information; or
produce to the person a document containing protected cartel information.
Commission or Commission official may disclose protected cartel information
If:
a person is a party to proceedings before a court; and
the Commission is not a party to the proceedings;
the Commission or a Commission official may, on application by the person:
make a copy of a document containing protected cartel information; and
give the copy to the person.
If:
a person is considering instituting proceedings before a court; and
the proceedings have not yet been instituted;
the Commission or a Commission official may, on application by the person:
make a copy of a document containing protected cartel information; and
give the copy to the person.
In exercising the powers conferred by subsection (3) or (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;
the interests of the administration of justice;
and must not have regard to any other matters.
If a copy of a document is given to a party, or prospective party, to proceedings before a court as a result of an exercise of power under subsection (3) or (4), the copy must not be adduced in other proceedings before:
the court; or
another court; or
a tribunal;
except:
as a result of an exercise of power under subsection (3) or (4) in relation to the other proceedings; or
in accordance with leave granted under subsection 157B(1) in relation to the other proceedings; or
as a result of an exercise of power under subsection 157B(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.
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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