Document ID: chunk:federal_register_of_legislation:C2006A00050:clause:1_94
Version: federal_register_of_legislation:C2006A00050
Segment Type: clause
Provision Reference: sch 1 cl 94
Character Range: 48699–50025

94  Subsections 80(1) and (2)
Repeal the subsections, substitute:

 (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.