Document ID: chunk:federal_register_of_legislation:C2024C00549:section:8aw
Version: federal_register_of_legislation:C2024C00549
Segment Type: section
Provision Reference: s 8AW
Character Range: 44322–46436

8AW  Use by the Commonwealth of information obtained from Telstra or the Board
 (1) This section applies to information obtained under repealed Division 3 or under section 8AQ.
 (2) The Commonwealth, or an associated person, may use the information for a purpose in connection with the formulation, entering into, or carrying out, of a Telstra sale scheme.
 (3) The Commonwealth, or an associated person, may disclose the information for a purpose in connection with the formulation, entering into, or carrying out, of a Telstra sale scheme.
 (4) If subsection (2) or (3) does not apply, the Commonwealth, or an associated person, may use or disclose the information for a purpose in connection with the Commonwealth's capacity as a shareholder in Telstra, so long as the use or disclosure does not involve giving the information to a person who is not an associated person.
 (5) To avoid doubt, the use or disclosure of information as mentioned in subsection (2), (3) or (4) does not result in a contravention of, or give rise to a liability or remedy under:
 (a) a provision of the Corporations Act 2001; or
 (ab) if Telstra is a listed disclosing entity—the listing rules of a listing market in relation to Telstra; or
 (b) a rule of common law or equity (other than a rule of administrative law).
 (6) In this section:
associated person means:
 (a) a Minister; or
 (b) an individual who holds an office under, or is employed by, the Commonwealth; or
 (c) a person appointed or engaged under the Public Service Act 1999; or
 (d) a person who performs services for or on behalf of the Commonwealth in connection with:
 (i) the formulation, entering into, or carrying out, of a Telstra sale scheme; or
 (ii) the Commonwealth's capacity as a shareholder in Telstra.
listed disclosing entity has the same meaning as it is given by section 9 of the Corporations Act 2001.
listing market, in relation to a listed disclosing entity, has the same meaning as it is given by section 9 of the Corporations Act 2001.
listing rules of a market has the same meaning as it is given by section 9 of the Corporations Act 2001.