Document ID: chunk:federal_register_of_legislation:C2011A00185:clause:1_44zzz:p1
Version: federal_register_of_legislation:C2011A00185
Segment Type: clause
Provision Reference: sch 1 cl 44ZZZ (pt 1/3)
Character Range: 14339–17051

44ZZZ  Additional exceptions that only apply to section 44ZZW

Disclosure of information to acquirer or supplier of goods or services
 (1) Section 44ZZW does not apply to the disclosure of information by a corporation to a person (the recipient) if:
 (a) the information relates to goods or services supplied or likely to be supplied, by the corporation to the recipient; or
 (b) the information relates to goods or services acquired or likely to be acquired, by the corporation from the recipient.

Disclosure to unknown competitor
 (2) Section 44ZZW does not apply to the disclosure of information by a corporation to a person if:
 (a) the person is a competitor or potential competitor of the corporation in the market referred to in that section; and
 (b) the corporation did not know, and could not reasonably be expected to have known, that the person was such a competitor or potential competitor.

Disclosure to participants in joint venture
 (3) Section 44ZZW does not apply to the disclosure of information by a corporation if:
 (a) either:
 (i) the corporation is a participant in a joint venture for the production and/or supply of goods or services; or
 (ii) the corporation proposes to enter into a joint venture with one or more other persons (the proposed participants); and
 (b) the disclosure is to one or more participants or proposed participants in the joint venture, and is not to any other person; and
 (c) the disclosure is made for the purposes of the joint venture or in the course of negotiations for the joint venture.
Note: The effect of section 44ZZU must be taken into account in working out whether the disclosure is to one or more participants in the joint venture, and is not to any other person.

Disclosure relating to provision of loans etc. to same person
 (3A) Section 44ZZW does not apply to the disclosure of information between 2 or more corporations (the relevant corporations) if:
 (a) the information relates to services, being loans or credit, supplied, or likely to be supplied, by one or more of the relevant corporations; and
 (b) 2 or more of the relevant corporations are, in relation to the same person (the borrower), doing either or both of the following:
 (i) providing such services to the borrower;
 (ii) considering whether to provide such services to the borrower;
 (c) the disclosure is for the purpose of, or related to, providing services, or considering whether to provide services, to the borrower as mentioned in paragraph (b).

Disclosure between credit provider and provider of credit service
 (3B) Section 44ZZW does not apply to the disclosure of information by a corporation to another person if:
 (a) either:
 (i) the corporation is a credit