187Confidential commercial information must not be disclosed

187 Confidential commercial information must not be disclosed

(1) A person who: (a) has confidential commercial information; and (b) has it only because of performing duties or functions under this Act or under a corresponding State law; and (c) knows that the information is confidential commercial information; must not disclose the information except: (d) to any of the following in the course of carrying out duties or functions under this Act or under a corresponding State law: (i) the Commonwealth or a Commonwealth authority; (ii) a State agency; (iii) the Gene Technology Technical Advisory Committee; or (e) by order of a court; or (f) with the consent of the person who applied to have the information treated as confidential commercial information.

Maximum penalty: Imprisonment for 2 years or 120 penalty units.

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: Information to which subsection (1) applies is information to which section 38 of the Freedom of Information Act 1982 applies, because subsection (1) is listed in Schedule 3 to that Act.

(2) A person who: (a) has confidential commercial information; and (b) has it because of a disclosure under subsection (1) or under this subsection; and (c) knows that the information is confidential commercial information; must not disclose the information except: (d) to any of the following in the course of carrying out duties or functions under this Act or under a corresponding State law: (i) the Commonwealth or a Commonwealth authority; (ii) a State agency; (iii) the Gene Technology Technical Advisory Committee; or (e) by order of a court; or (f) with the consent of the person who applied to have the information treated as confidential commercial information.

Maximum penalty: Imprisonment for 2 years or 120 penalty units.

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: Information to which subsection (2) applies is information to which section 38 of the Freedom of Information Act 1982 applies, because subsection (2) is listed in Schedule 3 to that Act.

(3) In this section:

court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.

disclose, in relation to information, means give or communicate in any way.