Document ID: chunk:federal_register_of_legislation:F2021C00201:clause:1_25
Version: federal_register_of_legislation:F2021C00201
Segment Type: clause
Provision Reference: sch 1 cl 25
Character Range: 36745–37801

25  Confidential information
 (1) This clause applies if a supplier discloses confidential information to the retailer or wholesaler in connection with the supply of grocery products, including confidential information relating to product development, proposed promotions or pricing.
 (2) The retailer or wholesaler 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 retailer or wholesaler (as the case may be) who need to have that information in connection with that purpose.
 (3) The retailer or wholesaler must establish and monitor systems to ensure compliance with subclause (2).
 (4) To avoid doubt, information is not confidential information for the purposes of this clause if the information:
 (a) is publicly available; or
 (b) comes into the possession or knowledge of the retailer or wholesaler:
 (i) independently of the supplier; and
 (ii) without any breach of subclause (2) on the part of the retailer or wholesaler.