Document ID: chunk:federal_register_of_legislation:C2011A00185:clause:1_44zzu
Version: federal_register_of_legislation:C2011A00185
Segment Type: clause
Provision Reference: sch 1 cl 44ZZU
Character Range: 24043–26469

44ZZU  Provisions affecting whether a person has disclosed information to another person

Disclosure to director, employee or agent etc. of another person
 (1) For the purpose of this Division:
 (a) if a person (the first person) makes a disclosure of information to another person (the second person) in the second person's capacity as a director, employee or agent of a body corporate, the disclosure is taken to have been made by the first person to the body corporate; and
 (b) if a person (the first person) makes a disclosure of information to another person (the second person) in the second person's capacity as an employee or agent of another person (not being a body corporate), the disclosure is taken to have been made by the first person to that other person.

Disclosure to discloser's own agent
 (2) For the purpose of this Division, the disclosure of information by a person (the first person) to another person is to be disregarded if:
 (a) the disclosure is made to the other person in the other person's capacity as an agent of the first person; and
 (b) subsection (3) does not apply to the disclosure.

Disclosure through intermediary
 (3) If:
  (a) a person (the first person) makes a disclosure of information to another person (the intermediary); and
 (b) the first person makes the disclosure to the intermediary for the purpose of the intermediary disclosing (or arranging for the disclosure of) the information to one or more other persons; and
 (c) the information is so disclosed to one or more of those other persons (the recipients);
then, for the purpose of this Division:
 (d) the disclosure of the information to the recipients is taken to have been made by the first person; and
 (e) the disclosure of the information to the intermediary is to be disregarded (unless the intermediary is a competitor or potential competitor of the first person in a market).

Accidental disclosure
 (4) For the purpose of this Division, the disclosure of information by a person (the first person) to another person (the recipient) is to be disregarded if the disclosure to the recipient is due to:
 (a) an accident; or
 (b) the default of a person other than the first person; or
 (c) some other cause beyond the control of the first person.
Note: This subsection does not apply to a disclosure of information covered by subsection (3).

Section 84 not limited
 (5) This section does not limit section 84.