Document ID: chunk:federal_register_of_legislation:C2024C00742:section:503
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 503
Character Range: 1087831–1088928

503  Confidential material not to be published
 (1) This section applies to a hearing conducted under this Division.
 (2) If:
 (a) the hearing, or a part of the hearing, takes place in public; and
 (b) the ACCC is of the opinion that:
 (i) evidence or other material presented to the hearing; or
 (ii) material in a written submission lodged with the ACCC;
  is of a confidential nature;
the ACCC may order that:
 (c) the evidence or material not be published; or
 (d) its disclosure be restricted.
 (3) A person must not fail to comply with an order under subsection (2).
 (4) A person commits an offence if:
 (a) the ACCC has made an order under subsection (2); and
 (b) the person engages in conduct; and
 (c) the person's conduct contravenes the order.
Penalty: 50 penalty units.
 (5) Subsections (3) and (4) do not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).
 (6) In this section:
engage in conduct means:
 (a) do an act; or
 (b) omit to perform an act.