Confidential commercial information may only be disclosed in certain circumstances
53ZK 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 Part or under a corresponding 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 Part or under a corresponding 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: A fine of 120 penalty units or imprisonment for 2 years or both.
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 Part or under a corresponding 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: A fine of 120 penalty units or imprisonment for 2 years or both.
In this section —
Commonwealth authority means —
a body corporate established for a public purpose by or under an Act of the Commonwealth; or
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 Commonwealth;
a body covered by paragraph (a);
a body covered by subparagraph (i) or (ii);
court includes a tribunal, authority or person having power to require the production of documents or the answering of questions;
State agency means —
the Crown in right of a State; or
a Minister of a State; or
a department of the Government of a State; or
an instrumentality of a State, including a body corporate established for a public purpose by or under a law of a State; or
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 subparagraph (i) or (ii).
[Section 53ZK inserted: No. 17 of 2004 s. 36.]
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