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;