Document ID: chunk:federal_register_of_legislation:C2004A01163:clause:1_5e
Version: federal_register_of_legislation:C2004A01163
Segment Type: clause
Provision Reference: sch 1 cl 5E
Character Range: 6075–8584

5E  Dealing with confidential information

 (1) This section applies to a person who is or has been:
 (a) a member of the Authority; or
 (b) a member of the staff of the Authority; or
 (c) a person who performs services in connection with the functions of the Authority; or
 (d) the Minister; or
 (e) a person employed as a member of staff of the Minister under section 13 or 20 of the Members of Parliament (Staff) Act 1984; or
 (f) a person appointed by the Minister to conduct the review under subsection 57(7); or
 (g) a person who assists a person mentioned in paragraph (f) in the conduct of the review.

 (2) The person must not disclose information if:
 (a) either:
 (i) it is information given to the Authority under section 5D and the company that gave the information claims it is commercial‑in‑confidence information; or
 (ii) it is information contained in a document given to the Authority under section 5D and the company that gave the document claims that the information is commercial‑in‑confidence information; and
 (b) the disclosure of the information could reasonably be expected:
 (i) to cause financial loss or detriment to the directed company or a related body corporate of the directed company; or
 (ii) to directly benefit a competitor of the directed company or of a related body corporate of the directed company; or
 (iii) to reduce the return for a pool mentioned in section 84.

Penalty: Imprisonment for 1 year.

 (3) Subsection (2) does not prevent the person from disclosing information:
 (a) with the consent of the company that gave the information; or
 (b) in accordance with an order of a court; or
 (c) to any of the following persons, for a purpose in connection with the performance of the functions of the Authority:
 (i) a member of the Authority;
 (ii) a member of the staff of the Authority;
 (iii) a person who performs services in connection with the functions of the Authority; or
 (d) to the Minister; or
 (e) to a person employed as a member of staff of the Minister under section 13 or 20 of the Members of Parliament (Staff) Act 1984; or
 (f) to any of the following persons, for a purpose in connection with the conduct of the review under subsection 57(7):
 (i) a person appointed by the Minister to conduct the review;
 (ii) a person who assists a person mentioned in subparagraph (i) in the conduct of the review.

Note: The defendant bears an evidential burden in relation to a matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).