Document ID: chunk:federal_register_of_legislation:C2004A00922:clause:4_2
Version: federal_register_of_legislation:C2004A00922
Segment Type: clause
Provision Reference: sch 4 cl 2
Character Range: 38025–39027

2  Subsection 114(1)
Repeal the subsection, substitute:

 (1) A person who:
 (a) has commercial‑in‑confidence information; and
 (b) has it only because of performing duties or functions under this Act; and
 (c) knows that the information is commercial‑in‑confidence information;
must not disclose any of the information.

Penalty: Imprisonment for 2 years.

 (1A) Subsection (1) does not apply if the disclosure is:
 (a) in the course of carrying out functions and duties under this Act; or
 (b) to the Commissioner of Taxation, for the purposes of the administration of an Act of which the Commissioner of Taxation has the general administration; or
 (c) by order of a court; or
 (d) with the consent of the person who applied to have the information treated as commercial‑in‑confidence information.

Note: A defendant bears an evidential burden in relation to the matters in subsection (1A), see subsection 13.3(3) of the Criminal Code.

Part 2—Diesel and Alternative Fuels Grants Scheme Act 1999