South Australian Numbered Acts

RAILWAYS (OPERATIONS AND ACCESS) (MISCELLANEOUS) AMENDMENT ACT 2010 (NO 10 OF 2010) - SECT 9

9—Insertion of Part 5A

After Part 5 insert:

33A—Confidential information

        (1)         Information obtained under section 29 or Part 5 that—

            (a)         could affect the competitive position of a proponent or a respondent; or

            (b)         is commercially valuable or sensitive for some other reason,

is to be regarded as "confidential information".

        (2)         A person who obtains confidential information must not disclose that information unless—

            (a)         the disclosure is reasonably required for the purposes of this Act; or

            (b)         the disclosure is made with the consent of the person who supplied the information; or

            (c)         the disclosure is required or authorised by law; or

            (d)         the disclosure is required by a court or tribunal constituted by law; or

            (e)         the disclosure is in prescribed circumstances.

Maximum penalty: $15 000.

        (3)         A person who obtains confidential information must not (unless authorised by the person who supplied the information) use the information for a purpose which is not authorised or contemplated by this Act.

Maximum penalty: $15 000.

        (4)         Subsections (1), (2) and (3) do not prevent or restrict the disclosure of information to the regulator.

        (5)         Despite subsections (1), (2) and (3), the regulator may, if the regulator considers it is in the public interest to do so, disclose confidential information to either or both of the following:

            (a)         the Minister;

            (b)         the public.

        (6)         A person who obtains confidential information must not use the information for the purpose of securing an advantage for himself or herself or for some other person in competition with the person who provided the information.

Maximum penalty: $100 000.

        (7)         An operator must, in connection with the operation of this section, develop and maintain a policy to ensure that confidential information obtained by the operator is not disclosed or used except as authorised by this section.

        (8)         The operator must provide a copy of a policy developed under subsection (7) to the regulator and to any other person who requests a copy from the operator.