Document ID: chunk:federal_register_of_legislation:C2016C01035:clause:2_114a
Version: federal_register_of_legislation:C2016C01035
Segment Type: clause
Provision Reference: sch 2 cl 114A
Character Range: 85548–86912

114A  Disclosure of commercial‑in‑confidence information obtained in breach of this Act
 (1) A person commits an offence if the person:
 (a) makes a record of, discloses or otherwise makes use of information; and
 (b) the information is commercial‑in‑confidence information for the purposes of section 114; and
 (c) the information was disclosed to or obtained by the person in breach of section 114; and
 (d) the information was not disclosed to or obtained by the person because of performing duties or functions under this Act.
Penalty: Imprisonment for 2 years.
 (2) Subsection (1) does not apply:
 (a) to the extent that the person's actions are required or permitted by this Act or reasonably necessary in order to comply with an obligation imposed by this Act; or
 (b) to a disclosure if the disclosure is:
 (i) to the DAA or a person who is performing duties or functions under this Act; and
 (ii) for a purpose connected with administering this Act.
Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.
 (3) Except where it is necessary to do so for the purpose of carrying into effect the provisions of this Act, a person must not be required to disclose to a court or tribunal a matter or thing with respect to information in relation to which subsection (1) applies.