(1) A person commits an offence if—
(a) the person discloses confidential commercial information that the person has only because of performing duties or functions under this Act or the Commonwealth Act; and
(b) the person knows that the information is confidential commercial information; and
(c) the disclosure is not—
(i) to a State agency, the Commonwealth or a Commonwealth authority in the course of carrying out duties or functions under this Act or the Commonwealth Act; or
(ii) by order of a court; or
(iii) with the consent of each person to whom the information has a commercial or other value.
(2) A person commits an offence if—
(a) the person discloses confidential commercial information that the person has only because of a disclosure permitted under subsection (1) or this subsection; and
(b) the person knows that the information is confidential commercial information; and
(c) the disclosure is not—
(i) to a State agency, the Commonwealth or a Commonwealth authority in the course of carrying out duties or functions under this Act or the Commonwealth Act; or
(ii) by order of a court; or
(iii) with the consent of each person to whom the information has a commercial or other value.
(3) An offence against subsection (1) or (2) is punishable by imprisonment for a term not exceeding 2 years.
(4) In this section—
"court "includes a tribunal, authority or person having power to require the production of documents or the answering of questions;
"State agency "means the following—
(a) the Crown in right of the State;
(b) a Minister of the State;
(c) a State Government department;
(d) the Authority or any other instrumentality of the State, including a body corporate established for a public purpose by or under a law of the State;
(e) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together—
(i) the Crown in right of the State;
(ii) a person or body covered by paragraph (b) or (d);
(iii) a person or body covered by either subparagraph (i) or (ii).
Note
For the definition of "confidential commercial information", see section 3.