sec.316PEConfidentiality of public interest evaluation

### sec.316PE Confidentiality of public interest evaluation This section applies to a person who— is, or has been, any of the following persons performing functions under this Act for a public interest evaluation— the chief executive; a public service employee of the department; a qualified entity under section 49 (8) or 136A (3) or a reviewing entity under section 316PC (3) ; and in that capacity, acquires confidential information. The person must not disclose the confidential information or give access to the confidential information to anyone else. Maximum penalty—100 penalty units. However, subsection (2) does not apply if the disclosure of, or the giving of access to, the confidential information— is with the consent of the person to whom the information relates; or is only to the extent the disclosure or access is necessary to perform the person’s function under this Act in relation to the public interest evaluation; or is permitted or required under an Act or law. In this section— confidential information means information about a person’s commercial, business or financial affairs, other than— statistical or other information that could not reasonably be expected to result in the identification of the person to whom it relates; or information that is publicly available. s 316PE ins 2018 No. 30 s 173 (sec.316PE-ssec.1) This section applies to a person who— is, or has been, any of the following persons performing functions under this Act for a public interest evaluation— the chief executive; a public service employee of the department; a qualified entity under section 49 (8) or 136A (3) or a reviewing entity under section 316PC (3) ; and in that capacity, acquires confidential information. (sec.316PE-ssec.2) The person must not disclose the confidential information or give access to the confidential information to anyone else. Maximum penalty—100 penalty units. (sec.316PE-ssec.3) However, subsection (2) does not apply if the disclosure of, or the giving of access to, the confidential information— is with the consent of the person to whom the information relates; or is only to the extent the disclosure or access is necessary to perform the person’s function under this Act in relation to the public interest evaluation; or is permitted or required under an Act or law. (sec.316PE-ssec.4) In this section— confidential information means information about a person’s commercial, business or financial affairs, other than— statistical or other information that could not reasonably be expected to result in the identification of the person to whom it relates; or information that is publicly available. - (a) is, or has been, any of the following persons performing functions under this Act for a public interest evaluation— (i) the chief executive; (ii) a public service employee of the department; (iii) a qualified entity under section 49 (8) or 136A (3) or a reviewing entity under section 316PC (3) ; and - (i) the chief executive; - (ii) a public service employee of the department; - (iii) a qualified entity under section 49 (8) or 136A (3) or a reviewing entity under section 316PC (3) ; and - (b) in that capacity, acquires confidential information. - (i) the chief executive; - (ii) a public service employee of the department; - (iii) a qualified entity under section 49 (8) or 136A (3) or a reviewing entity under section 316PC (3) ; and - (a) is with the consent of the person to whom the information relates; or - (b) is only to the extent the disclosure or access is necessary to perform the person’s function under this Act in relation to the public interest evaluation; or - (c) is permitted or required under an Act or law. - (a) statistical or other information that could not reasonably be expected to result in the identification of the person to whom it relates; or - (b) information that is publicly available.