6. (1) In this regulation:

"court" includes any tribunal, authority or person having power to require the production of documents or the answering of questions;
"give" includes permit access to;
"produce" includes permit access to.

(2)

This regulation applies in relation to:

(a)

any document, copy or extract referred to in paragraph 5 (1) (a) that concerns the affairs of any person; and

(b)

any document of a kind referred to in subparagraph 149 (1) (a) (ii) of the Trade Practices Act as in force immediately before the commencement date; and

(c)

any information acquired from any document, copy or extract of that kind.

(3)

A member of ACCC or a member of the staff assisting ACCC must not, intentionally:

(a)

make a record of any document, copy or extract to which this regulation applies; or

(b)

divulge or communicate to a person any information to which this regulation applies; or

(c)

give to a person a document, copy or extract to which this regulation applies;

other than for the purposes of the Trade Practices Act or in relation to the performance of a duty or the exercise of a power under or in relation to that Act.

Penalty: 10 penalty units.

(4)

Subregulation (3) applies in relation to the divulging or communicating of information whether directly or indirectly, but does not apply in relation to the divulging or communicating of information to, or the giving of a part of a document to, the Minister.

(5)

A member of ACCC or a member of the staff assisting ACCC is not to be required:

(a)

to produce in a court a part of a document to which this regulation applies; or

(b)

to divulge or communicate to a court any information to which this regulation applies;

except so far as it is necessary to do so for the purposes of carrying into effect the provisions of the Trade Practices Act.