Document ID: chunk:federal_register_of_legislation:C2004A05097:clause:1_8aw
Version: federal_register_of_legislation:C2004A05097
Segment Type: clause
Provision Reference: sch 1 cl 8AW
Character Range: 36319–37971

8AW  Use by the Commonwealth of information obtained from Telstra or the Board

 (1) This section applies to information obtained under Division 3 or section 8AQ.

 (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 a Telstra 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 a Telstra 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 Telstra, 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 Law; or
 (b) 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) an officer or employee within the meaning of the Public Service Act 1922; 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 a Telstra sale scheme; or
 (ii) the Commonwealth's capacity as a shareholder in Telstra.