395Trade and other financial secrets tendered as evidence

#### 395 Trade and other financial secrets tendered as evidence 395 Trade and other financial secrets tendered as evidence > > (1) In a proceeding before the Commission— > > > > > (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret, or > > > > > (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party. > > > (2) If an objection is made under subsection (1) to information tendered as evidence, the information may be given as evidence only under a direction of the Commission. > > > (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Commission, by order, permits the publication. > > > (4) If the Commission directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, so requests. > > > (5) The Commission may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, not be published. > > > (6) A person who contravenes this section or a direction under this section is guilty of an offence. > > > > Maximum penalty—100 penalty units. > > > (7) In this section, Commission includes the Contract of Carriage Tribunal established by Part 7 of Chapter 6.