Environment Protection Act 1997
92AConfidential commercial information must not be
Start here
Get a plain-English read of 92A
Turn the raw legal text into a practical explanation grounded in Environment Protection Act 1997.
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