VICIn ForceAct
Environment Protection Act 2017
453Unauthorised disclosure of commercially sensitive information
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453 Unauthorised disclosure of commercially sensitive information
(1) A person must not disclose any commercially sensitive information obtained by the person during the exercise of a power or performance of a function or duty under this Act except in accordance with this Part.
Penalty: 120 penalty units.
(2) Subsection (1) does not apply to the following disclosures of commercially sensitive information—
(a) a disclosure made in the exercise of a power or the performance of a function under, or in connection with, this Act or another Act or the regulations;
(b) a disclosure made with the consent of the person to whom the information relates;
(c) a disclosure made to a court or tribunal in the course of legal proceedings;
(d) a disclosure made pursuant to an order of a court or tribunal;
(e) a disclosure of information that is in the public domain at the time of the disclosure other than as the result of a disclosure prohibited under this or another Act;
(f) a disclosure made to an Australian legal practitioner for the purposes of obtaining legal advice or representation;
(g) a disclosure to the IBAC made as required or authorised by or under this Act or the **Independent Broad-based Anti-corruption Commission Act 2011**;
(h) a disclosure made under section 452(2)(a) or (e) to another government agency within the meaning of section 452;
(i) a disclosure made under section 452(2)(b).
S. 454 inserted by No. 39/2018 s. 18 (as amended by Nos 27/2019 ss 32−40, 3/2020 ss 45, 46, 47/2020 s. 27).