Document ID: chunk:federal_register_of_legislation:C2024C00449:section:30
Version: federal_register_of_legislation:C2024C00449
Segment Type: section
Provision Reference: s 30
Character Range: 95613–97850

30  Confidential commercial information may only be disclosed in certain circumstances
 (1) A person commits an offence if:
 (a) the person discloses confidential commercial information that the person has only because of performing duties or functions under this Act or under a corresponding State law; and
 (b) the person knows that the information is confidential commercial information; and
 (c) the disclosure is not:
 (i) to the Commonwealth, a Commonwealth authority or a State agency in the course of carrying out duties or functions under this Act or under a corresponding State law; or
 (ii) by order of a court; or
 (iii) with the consent of each person to whom the information has a commercial or other value.
Penalty: Imprisonment for 2 years.
 (2) A person commits an offence if:
 (a) the person discloses confidential commercial information that the person has only because of a disclosure permitted under subsection (1) or this subsection; and
 (b) the person knows that the information is confidential commercial information; and
 (c) the disclosure is not:
 (i) to the Commonwealth, a Commonwealth authority or a State agency in the course of carrying out duties or functions under this Act or under a corresponding State law; or
 (ii) by order of a court; or
 (iii) with the consent of each person to whom the information has a commercial or other value.
Penalty: Imprisonment for 2 years.
 (3) In this section:
court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.
State agency means the following:
 (a) the Crown in right of a State;
 (b) a Minister of a State;
 (c) a State Government department;
 (d) an instrumentality of a State, including a body corporate established for a public purpose by or under a law of a State;
 (e) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:
 (i) the Crown in right of a State;
 (ii) a person or body covered by paragraph (b) or (d);
 (iii) a person or body covered by either of the above subparagraphs.
Note: For the definition of confidential commercial information, see section 8.

Division 6—Review provisions