Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 157C

Commission or Commission official not required to make discovery of documents containing protected cartel information etc.

  (1)   If:

  (a)   a person is a party to proceedings before a court; and

  (b)   the Commission is not a party to the proceedings;

the Commission or a Commission official is not to be required, in connection with the proceedings, to:

  (c)   make discovery (however described) to the person of a document containing protected cartel information; or

  (d)   produce to the person a document containing protected cartel information.

  (2)   If:

  (a)   a person is considering instituting proceedings before a court; and

  (b)   the proceedings have not yet been instituted;

the Commission or a Commission official is not to be required, in connection with the prospective proceedings, to:

  (c)   make discovery (however described) to the person of a document containing protected cartel information; or

  (d)   produce to the person a document containing protected cartel information.

Commission or Commission official may disclose protected cartel information

  (3)   If:

  (a)   a person is a party to proceedings before a court; and

  (b)   the Commission is not a party to the proceedings;

the Commission or a Commission official may, on application by the person:

  (c)   make a copy of a document containing protected cartel information; and

  (d)   give the copy to the person.

  (4)   If:

  (a)   a person is considering instituting proceedings before a court; and

  (b)   the proceedings have not yet been instituted;

the Commission or a Commission official may, on application by the person:

  (c)   make a copy of a document containing protected cartel information; and

  (d)   give the copy to the person.

  (5)   In exercising the powers conferred by subsection   (3) or (4), the Commission or Commission official must have regard to the following matters:

  (a)   the fact that the protected cartel information was given to the Commission in confidence;

  (b)   Australia's relations with other countries;

  (c)   the need to avoid disruption to national and international efforts relating to law enforcement, criminal intelligence and criminal investigation;

  (d)   in a case where the protected cartel information was given by an informant:

  (i)   the protection or safety of the informant or of persons associated with the informant; and

  (ii)   the fact that the production of a document containing protected cartel information, or the disclosure of protected cartel information, may discourage informants from giving protected cartel information in the future;

  (e)   the interests of the administration of justice;

and must not have regard to any other matters.

  (6)   If a copy of a document is given to a party, or prospective party, to proceedings before a court as a result of an exercise of power under subsection   (3) or (4), the copy must not be adduced in other proceedings before:

  (a)   the court; or

  (b)   another court; or

  (c)   a tribunal;

except:

  (d)   as a result of an exercise of power under subsection   (3) or (4) in relation to the other proceedings; or

  (e)   in accordance with leave granted under subsection   157B(1) in relation to the other proceedings; or

  (f)   as a result of an exercise of power under subsection   157B(4) in relation to the other proceedings.

Definitions

  (7)   In this section:

"Commission official" means:

  (a)   a member, or associate member, of the Commission; or

  (b)   a person referred to in subsection   27(1); or

  (c)   a person engaged under section   27A.

"protected cartel information" means information that:

  (a)   was given to the Commission in confidence; and

  (b)   relates to a breach, or a possible breach, of section   45AF, 45AG, 45AJ or 45AK.