Infrastructure Sa Act 2018

Information gained under this Part that—

could affect the competitive position of a person; or

is commercially sensitive for some other reason, is, for the purposes of this Act, confidential information and a person performing a function under this Act is guilty of an offence if the person discloses such information otherwise than as authorised under this section. Maximum penalty: Maximum penalty: $20 000 or imprisonment for

2 years.

Confidential information may be disclosed if—

the disclosure is made to another who is also performing a function under this Act; or

the disclosure is made with the consent of the person who gave the information or to whom the information relates; or

the disclosure is authorised or required under any other Act or law; or

the disclosure is authorised or required by a court or tribunal constituted by law; or

the disclosure is authorised by regulation.

If a person, when giving information to Infrastructure SA in response to a requirement of Infrastructure SA under this Part, claims that the information is confidential information, Infrastructure SA must, before disclosing the information otherwise than as referred to in subsection (2), give the person written notice of the proposed disclosure and the reasons for the disclosure.

A person performing a function under this Act must not use confidential information for the purpose of securing a private benefit for themself or for some other person. Maximum penalty: Maximum penalty: $20 000 or imprisonment for

2 years.

Information classified by Infrastructure SA as being confidential under subsection (1) is not liable to disclosure under the

Freedom of Information

Act 1991.