Victorian Numbered Acts

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RESEARCH INVOLVING HUMAN EMBRYOS ACT 2008 (NO. 74 OF 2008) - SECT 24

Confidential commercial information may only be disclosed in certain circumstances

    (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.



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