Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person who:
(a) has confidential commercial information; and
(b) has it only because of performing duties or functions under this Act or under a corresponding State law; and
(c) knows that the information is confidential commercial information;
must not disclose the information except:
(d) to any of the following in the course of carrying out duties or functions under this Act or under a corresponding State law:
(i) the Commonwealth or a Commonwealth authority;
(ii) a State agency;
(iii) the Gene Technology Technical Advisory Committee; or
(e) by order of a court; or
(f) with the consent of the person who applied to have the information treated as confidential commercial information.
Maximum penalty: Imprisonment for 2 years or 120 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: Information to which subsection (1) applies is information to which section 38 of the Freedom of Information Act 1982 applies, because subsection (1) is listed in Schedule 3 to that Act.
(2) A person who:
(a) has confidential commercial information; and
(b) has it because of a disclosure under subsection (1) or under this subsection; and
(c) knows that the information is confidential commercial information;
must not disclose the information except:
(d) to any of the following in the course of carrying out duties or functions under this Act or under a corresponding State law:
(i) the Commonwealth or a Commonwealth authority;
(ii) a State agency;
(iii) the Gene Technology Technical Advisory Committee; or
(e) by order of a court; or
(f) with the consent of the person who applied to have the information treated as confidential commercial information.
Maximum penalty: Imprisonment for 2 years or 120 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: Information to which subsection (2) applies is information to which section 38 of the Freedom of Information Act 1982 applies, because subsection (2) is listed in Schedule 3 to that Act.
(3) In this section:
"court" includes a tribunal, authority or person having power to require the production of documents or the answering of questions.
"disclose" , in relation to information, means give or communicate in any way.