Document ID: chunk:federal_register_of_legislation:C2024C00828:section:758
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 758
Character Range: 1927866–1929970

758  Protection of information

Disclosure
 (1) A person (the first person) commits an offence if:
 (a) the first person is or has been an expert advisory committee member; and
 (b) the first person has obtained information in the course of performing duties or functions as an expert advisory committee member; and
 (c) the first person discloses the information to another person; and
 (d) the disclosure could reasonably be expected to prejudice substantially the commercial interests of a person other than the person to whom the information was disclosed.
Penalty: Imprisonment for 1 year.
 (2) Subsection (1) does not apply if:
 (a) the first person is performing duties or functions as an expert advisory committee member; or
 (b) the first person is required by:
 (i) this Act or any other law of the Commonwealth; or
 (ii) a prescribed law of a State or Territory;
  to disclose the information.
Note: The defendant bears an evidential burden in relation to a matter in subsection (2)—see subsection 13.3(3) of the Criminal Code.

Use
 (3) A person (the first person) commits an offence if:
 (a) the first person is or has been an expert advisory committee member; and
 (b) the first person has obtained information in the course of performing duties or functions as an expert advisory committee member; and
 (c) the first person uses the information; and
 (d) the use could reasonably be expected to prejudice substantially the commercial interests of another person.
Penalty: Imprisonment for 1 year.
 (4) Subsection (3) does not apply if:
 (a) the first person is performing duties or functions as an expert advisory committee member; or
 (b) the first person is required by:
 (i) this Act or any other law of the Commonwealth; or
 (ii) a prescribed law of a State or Territory;
  to use the information.
Note: The defendant bears an evidential burden in relation to a matter in subsection (4)—see subsection 13.3(3) of the Criminal Code.

Part 9.3—Information relevant to the making of designated agreements

Division 1—Information‑gathering powers of the responsible Commonwealth Minister