Confidential commercial information may only be disclosed in certain circumstances
30 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 performing duties or functions under this Act or under a corresponding State law; and
the person knows that the information is confidential commercial information; and
the disclosure is not:
to the Commonwealth, a Commonwealth authority or a State agency in the course of carrying out duties or functions under this Act or under a corresponding State law; or
by order of a court; or
with the consent of each person to whom the information has a commercial or other value.
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 Commonwealth, a Commonwealth authority or a State agency in the course of carrying out duties or functions under this Act or under a corresponding State law; or
by order of a court; or
with the consent of each person to whom the information has a commercial or other value.
Penalty: Imprisonment for 2 years.
In this section:
court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.
State agency means the following:
the Crown in right of a State;
a Minister of a State;
a State Government department;
an instrumentality of a State, including a body corporate established for a public purpose by or under a law of a State;
a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:
the Crown in right of a State;
a person or body covered by paragraph (b) or (d);
a person or body covered by either of the above subparagraphs.
For the definition of confidential commercial information, see section 8.
This Act’s bill:Explanatory memorandumSecond reading speech
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