Document ID: chunk:federal_register_of_legislation:C2024C00480:section:169
Version: federal_register_of_legislation:C2024C00480
Segment Type: section
Provision Reference: s 169
Character Range: 162476–163516

169  Offence—Disclosing commercially sensitive information

Offence
 (1) A person commits an offence if:
 (a) the person discloses information to another person; and
 (b) the information is protected information; and
 (c) there is a risk that the disclosure might substantially prejudice the commercial interests of a third person.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Exception—authorised disclosure
 (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 170 (authorised disclosures).
Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).

Meaning of protected information
 (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.
Note: The expression this Act has an extended meaning (see the Dictionary in section 5).