Document ID: chunk:federal_register_of_legislation:F2024L01651:reg:38
Version: federal_register_of_legislation:F2024L01651
Segment Type: reg
Provision Reference: reg 38
Character Range: 50968–52168

38  Confidential information
 (1) This section applies if a supplier discloses confidential information to a large grocery business in connection with the supply of grocery products, including confidential information relating to product development, proposed promotions or pricing.
 (2) The large grocery business must not use that information other than for a purpose for which it was disclosed and may only disclose it or make it available or accessible to employees or agents of the large grocery business (as the case may be) who need to have that information in connection with that purpose.
Civil penalty: 600 penalty units.
 (3) The large grocery business must establish and monitor systems to ensure compliance with subsection (2). The large grocery business must create a written summary of such systems.
Civil penalty: 600 penalty units.
 (4) To avoid doubt, information is not confidential information for the purposes of this section if the information:
 (a) is publicly available; or
 (b) comes into the possession or knowledge of the large grocery business:
 (i) independently of the supplier; and
 (ii) without any breach of subsection (2) on the part of the large grocery business.