Document ID: chunk:federal_register_of_legislation:C2024C00108:section:80:p1
Version: federal_register_of_legislation:C2024C00108
Segment Type: section
Provision Reference: s 80 (pt 1/3)
Character Range: 66374–69145

80  Confidential commercial information
 (1) In this Act:
information provider means a person who provides confidential commercial information to an NHMRC officer.
NHMRC officer means a person who is:
 (a) the CEO; or
 (b) a member of the Council or of a committee (other than the Embryo Research Licensing Committee of the NHMRC); or
 (c) a member of the staff of the NHMRC; or
 (d) a consultant engaged under section 46; or
 (e) a person assisting the CEO, the Council or a committee (other than the Embryo Research Licensing Committee of the NHMRC) in the performance of functions under this Act; or
 (f) the Commissioner; or
 (g) a person assisting the Commissioner in the performance of his or her functions under this Act.
 (2) A person commits an offence if:
 (a) the person is an NHMRC officer; and
 (b) the person discloses information; and
 (c) the information was acquired by the person because of being an NHMRC officer; and
 (d) the information is in respect of any matter under consideration by the CEO, the Council, a committee (other than the Embryo Research Licensing Committee of the NHMRC) or the Commissioner; and
 (e) the person knows, or has reasonable grounds for believing, that the information is confidential commercial information.
Penalty: Imprisonment for 2 years.
 (3) Subsection (2) does not apply to anything done in the performance of duties, or in the exercise of powers or functions, under this Act.
 (4) Subsection (2) does not preclude the disclosure of confidential commercial information to a court in any proceeding, but the court must do all things necessary to prevent disclosure of that information to any other person, except for the purposes of the proceedings.
 (5) Despite subsection (2), the CEO may deal with confidential commercial information acquired by an NHMRC officer (other than the Commissioner or a person assisting the Commissioner in the performance of his or her functions under this Act) because of being such an NHMRC officer, in the following ways:
 (a) if the Minister certifies in writing that it is necessary in the public interest for the information to be disclosed to a specified person, the CEO may disclose the information to that person;
 (b) the CEO may disclose the information to a person or body specified in the regulations;
 (c) if, in the CEO's opinion, the information provider has expressly or impliedly authorised another person to receive the information, the CEO may disclose the information to that other person.
 (6) Despite subsection (2), the Commissioner may deal with confidential commercial information acquired by the Commissioner or a person assisting the Commissioner because of being the Commissioner or a person assisting the Commissioner, in the following ways:
 (a) if the