Victorian Current Acts Victorian Current 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 the regulations or under the Commonwealth Act or a corresponding State law within the meaning of the Commonwealth Act; 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 the regulations or under the Commonwealth Act or a corresponding State law within the meaning of the Commonwealth Act—
(i) a State agency;
(ii) the Commonwealth or a Commonwealth authority;
(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.
Penalty: Imprisonment for 2 years or $13 200.
(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 the regulations or under the Commonwealth Act or a corresponding State law within the meaning of the Commonwealth Act—
(i) a State agency;
(ii) the Commonwealth or a Commonwealth authority;
(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.
Penalty: Imprisonment for 2 years or $13 200.
(3) For the purposes of the Freedom of Information Act 1982 , information to which subsection (1) or (2) applies is information of a kind to which section 38 of that Act applies.
(4) Section 50(4) of the Freedom of Information Act 1982 does not apply to a document containing information to which subsection (1) or (2) of this section applies.
(5) 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.
(6) This section has effect despite anything to the contrary in the Freedom of Information Act 1982 .
Note
This section differs from section 187 of the Commonwealth Act.
Division 4—Conduct by directors, employees and agents