Document ID: chunk:federal_register_of_legislation:C2008A00022:clause:1_531k:p1
Version: federal_register_of_legislation:C2008A00022
Segment Type: clause
Provision Reference: sch 1 cl 531K (pt 1/2)
Character Range: 26843–29539

531K  Protection of information—entrusted company officer

 (1) If a person has obtained protected carrier information in the person's capacity as an entrusted company officer of a company, the person must not:
 (a) disclose the information to another person; or
 (b) use the information.

 (2) Each of the following is an exception to the prohibition of disclosure in subsection (1):
 (a) the disclosure is to another entrusted company officer of the company for the purposes of:
 (i) the consideration by the company of whether to make a submission in response to an invitation set out in a designated request for proposal notice; or
 (ii) the preparation of a submission by the company in response to an invitation set out in a designated request for proposal notice; or
 (iii) if the company has made a submission in response to an invitation set out in a designated request for proposal notice—the consideration by the company of whether to vary the submission; or
 (iv) if the company has made a submission in response to an invitation set out in a designated request for proposal notice—the preparation by the company of a variation of the submission;
  so long as the disclosure complies with any applicable restricted recipients rules;
 (b) the information is disclosed in:
 (i) a submission of the company made in response to an invitation set out in a designated request for proposal notice; or
 (ii) a variation of such a submission;
 (c) the carrier who gave the information to an authorised information officer has consented to the disclosure of the information;
 (d) the information has been made publicly known by:
 (i) the carrier who gave the information to an authorised information officer; or
 (ii) a person authorised by the carrier to make the information publicly known;
 (e) the disclosure is in compliance with a requirement under a law of the Commonwealth, a State or a Territory.

 (2A) Each of the following is an exception to the prohibition of use in subsection (1):
 (a) the information is used for the purposes of:
 (i) the consideration by the company of whether to make a submission in response to an invitation set out in a designated request for proposal notice; or
 (ii) the preparation of a submission by the company in response to an invitation set out in a designated request for proposal notice; or
 (iii) if the company has made a submission in response to an invitation set out in a designated request for proposal notice—the consideration by the company of whether to vary the submission; or
 (iv) if the company has made a submission in response to an invitation set out in a designated request for proposal notice—the preparation by the company of a