ACTIn ForceAct
Environment Protection Act 1997
92AConfidential commercial information must not be
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92A Confidential commercial information must not be
disclosed
(1) This section applies to information given to the director-general under
section 92.
Fuel sales information Part 9A
(2) A person commits an offence if—
(a) the person discloses confidential commercial information that
the person has only because of exercising a function under this
Act; and
(b) the person knows that the information is confidential
commercial information; and
(c) the disclosure is not—
(i) to the Territory or a Territory agency; or
(ii) by order of a court; or
(iii) with the consent of each person to whom the information
has a commercial or other value.
(3) A person commits an offence if—
(a) the person discloses confidential commercial information that
the person has only because of a disclosure permitted under
subsection (2); and
(b) the person knows that the information is confidential
commercial information; and
(c) the disclosure is not—
(i) to the Territory or a Territory agency; or
(ii) by order of a court; or
(iii) with the consent of each person to whom the information
has a commercial or other value.
(4) In this section:
confidential commercial information means—
(a) information that has a commercial or other value that would be,
or could reasonably be expected to be, destroyed or diminished
if the information were disclosed; or
(b) other information that—
(i) concerns the lawful commercial or financial affairs of a
person or undertaking; and
(ii) if it were disclosed, could unreasonably affect the person
or undertaking.
court includes a tribunal, authority or person having power to require
the production of documents or the answering of questions.
Territory agency means—
(a) a Minister; or
(b) an administrative unit; or
(c) a territory instrumentality; or
(d) a corporation established for a public purpose under a Territory
Act.
Functions of the Minister Part 10