Offence—Disclosing commercially sensitive information
169 Offence—Disclosing commercially sensitive information
Offence
A person commits an offence if:
the person discloses information to another person; and
the information is protected information; and
there is a risk that the disclosure might substantially prejudice the commercial interests of a third person.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Exception—authorised disclosure
Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 170 (authorised disclosures).
A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).
Meaning of protected information
Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.
The expression this Act has an extended meaning (see the Dictionary in section 5).
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