12AProtection of confidential information

12A Protection of confidential information (1) Information obtained under this Division that: (a) could affect the competitive position of an access seeker or a respondent; or (b) is commercially valuable or sensitive for some other reason, is to be regarded as confidential information. (2) A person who obtains confidential information under this Division must not disclose that information unless: (a) the disclosure is reasonably required for the purposes of this Code; (b) the disclosure is made with the consent of the person who supplied the information; (c) the disclosure is required or allowed by law; (d) the disclosure is required by a court or tribunal constituted by law; or (e) the disclosure is in prescribed circumstances. (3) A person who obtains confidential information under this Division must not (unless authorised by the person who supplied the information): (a) disclose the information to an unauthorised person; or

AustralAsia Railway (Third Party Access) Act 1999 12 (b) use (or attempt to use) the information for a purpose which is not authorised or contemplated by this Code. (4) Subclauses (1), (2) and (3) do not prevent or restrict the disclosure of information to the regulator and the regulator may in any event disclose confidential information if the regulator is of the opinion that the public benefit in making the disclosure outweighs any detriment that might be suffered by a person in consequence of the disclosure. (5) A person who obtains confidential information under this Division must not use the information for the purpose of securing an advantage for himself or herself or for some other person in competition to the person who provided the information. Maximum penalty: 885 penalty units. (6) The access provider must, in connection with the operation of this clause, develop and maintain policies to ensure that confidential information obtained by the access provider under this Division is not: (a) used in any unauthorised way or for an unauthorised purpose; or (b) provided to an unauthorised person. (7) The access provider must provide a copy of a policy that applies under subclause (6) to the regulator, and to any other person who requests a copy from the access provider. (8) In this clause: unauthorised person means a person who is directly involved, on behalf of the access provider, in the promotion or marketing of freight services or passenger services but does not include a person whose involvement is limited to: (a) strategic decision making; (b) performing general supervisory or executive functions; or (c) providing technical, administrative, accounting, service or other support functions.

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