Document ID: chunk:federal_register_of_legislation:C2023C00417:section:66
Version: federal_register_of_legislation:C2023C00417
Segment Type: section
Provision Reference: s 66
Character Range: 113166–114896

66  Use by the Commonwealth of information obtained from NBN Co or the Board
 (1) This section applies to information obtained under section 59.
 (2) The Commonwealth, or an associated person, may use the information for a purpose in connection with the formulation, entering into, or carrying out, of an NBN Co sale scheme.
 (3) The Commonwealth, or an associated person, may disclose the information for a purpose in connection with the formulation, entering into, or carrying out, of an NBN Co sale scheme.
 (4) If subsection (2) or (3) does not apply, the Commonwealth, or an associated person, may use or disclose the information for a purpose in connection with the Commonwealth's capacity as a shareholder in NBN Co, so long as the use or disclosure does not involve giving the information to a person who is not an associated person.
 (5) To avoid doubt, the use or disclosure of information as mentioned in subsection (2), (3) or (4) does not result in a contravention of, or give rise to a liability or remedy under:
 (a) a provision of the Corporations Act 2001; or
 (b) if NBN Co is a listed disclosing entity—the listing rules of a listing market in relation to NBN Co; or
 (c) a rule of common law or equity (other than a rule of administrative law).
 (6) In this section:
associated person means:
 (a) a Minister; or
 (b) an individual who holds an office under, or is employed by, the Commonwealth; or
 (c) a person appointed or engaged under the Public Service Act 1999; or
 (d) a person who performs services for or on behalf of the Commonwealth in connection with:
 (i) the formulation, entering into, or carrying out, of an NBN Co sale scheme; or
 (ii) the Commonwealth's capacity as a shareholder in NBN Co.