Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) A person commits an offence if—
(a) the person discloses confidential commercial information that the person has only because of exercising functions under this Act or under the Commonwealth Act; and
(b) the person knows that the information is confidential commercial information; and
(c) the disclosure is not—
(i) to the Territory, a Territory agency, the Commonwealth, a Commonwealth authority, a State, or a State agency for this Act, a corresponding State law or the Commonwealth Act; or
(ii) by order of a court; or
(iii) with the consent of each person to whom the information has a commercial or other value.
Maximum penalty: imprisonment for 2 years.
(2) A person commits an offence if—
(a) the person discloses confidential commercial information that the person has only because of a disclosure permitted under subsection (1) or this subsection; and
(b) the person knows that the information is confidential commercial information; and
(c) the disclosure is not—
(i) to the Territory, a Territory agency, the Commonwealth, a Commonwealth authority, a State, or a State agency for this Act, a corresponding State law or the Commonwealth Act; or
(ii) by order of a court; or
(iii) with the consent of each person to whom the information has a commercial or other value.
Maximum penalty: imprisonment for 2 years.
(3) In this section:
"Commonwealth authority" means—
(a) a corporation established for a public purpose under a Commonwealth Act; or
(b) a company in which a controlling interest is held by any 1 of the following, or by 2 or more of the following together:
(i) the Commonwealth;
(ii) a corporation covered by paragraph (a);
(iii) an entity covered by subparagraph (i) or (ii).
"corresponding State law"—see the Commonwealth Act, section 7 (1).
"court "includes a tribunal, authority or person having power to require the production of documents or the answering of questions.
"State agency" means—
(a) a Minister of a State; or
(b) a department of government of a State; or
(c) an instrumentality of a State, including a corporation established for a public purpose under a law of a State; or
(d) a company in which a controlling interest is held by any 1 of the following, or by 2 or more of the following together:
(i) a State;
(ii) a Minister of a State;
(iii) an entity covered by subparagraph (i) or (ii).
"Territory agency" means—
(a) a Minister; or
(b) an administrative unit; or
(c) a Territory instrumentality; or
(d) a corporation established for a public purpose under a Territory Act; or
(e) a company in which a controlling interest is held by any one of the following, or by 2 or more of the following together:
(i) the Territory;
(ii) an entity covered by paragraph (a), (c) or (d);
(iii) an entity covered by subparagraph (i) or (ii).
Note For the definition of confidential commercial information , see s 8.