Trade secrets etc. tendered as evidence
356 Trade secrets etc. tendered as evidence
In a proceeding before the Federal Court or the FWC:
the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or
a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.
Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.
If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.
Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.
The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.
A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.
Penalty: 20 penalty units.
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