Document ID: chunk:federal_register_of_legislation:C2024C00451:section:187
Version: federal_register_of_legislation:C2024C00451
Segment Type: section
Provision Reference: s 187
Character Range: 187812–190266

187  Confidential commercial information must not be disclosed
 (1) A person who:
 (a) has confidential commercial information; and
 (b) has it only because of performing duties or functions under this Act or under a corresponding State law; and
 (c) knows that the information is confidential commercial information;
must not disclose the information except:
 (d) to any of the following in the course of carrying out duties or functions under this Act or under a corresponding State law:
 (i) the Commonwealth or a Commonwealth authority;
 (ii) a State agency;
 (iii) the Gene Technology Technical Advisory Committee; or
 (e) by order of a court; or
 (f) with the consent of the person who applied to have the information treated as confidential commercial information.
Maximum penalty: Imprisonment for 2 years or 120 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: Information to which subsection (1) applies is information to which section 38 of the Freedom of Information Act 1982 applies, because subsection (1) is listed in Schedule 3 to that Act.
 (2) A person who:
 (a) has confidential commercial information; and
 (b) has it because of a disclosure under subsection (1) or under this subsection; and
 (c) knows that the information is confidential commercial information;
must not disclose the information except:
 (d) to any of the following in the course of carrying out duties or functions under this Act or under a corresponding State law:
 (i) the Commonwealth or a Commonwealth authority;
 (ii) a State agency;
 (iii) the Gene Technology Technical Advisory Committee; or
 (e) by order of a court; or
 (f) with the consent of the person who applied to have the information treated as confidential commercial information.
Maximum penalty: Imprisonment for 2 years or 120 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: Information to which subsection (2) applies is information to which section 38 of the Freedom of Information Act 1982 applies, because subsection (2) is listed in Schedule 3 to that Act.
 (3) In this section:
court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.
disclose, in relation to information, means give or communicate in any way.

Division 4—Conduct by directors, employees and agents