169Offence—Disclosing commercially sensitive information

#### 169 Offence—Disclosing commercially sensitive information Offence (1) A person commits an offence if: (a) the person discloses information to another person; and (b) the information is protected information; and (c) there is a risk that the disclosure might substantially prejudice the commercial interests of a third person. Penalty: Imprisonment for 2 years or 120 penalty units, or both. Exception—authorised disclosure (2) Subsection (1) does not apply if the disclosure referred to in paragraph (1)(a) is authorised by section 170 (authorised disclosures). > Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code). Meaning of protected information (3) Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act. > Note: The expression this Act has an extended meaning (see the Dictionary in section 5).