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Mineral and Energy Resources (Common Provisions) Act 2014
sec.156Confidentiality
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### sec.156 Confidentiality
This section applies if a resource authority holder (the information-giver ) gives another resource authority holder (the recipient ) information that this chapter requires or permits the information-giver to give to the recipient.
The recipient must not disclose the information to another person unless—
the information is publicly available; or
the disclosure is—
to a person (a secondary recipient ) whom the recipient has authorised to carry out authorised activities for the recipient’s resource authority; or
made with the information-giver’s consent; or
expressly permitted or required under this or another Act; or
to the Minister.
Subject to subsection (2) , the recipient must not use the information for a purpose other than for which it is given.
If the recipient does not comply with subsection (2) or (3) , the recipient is liable to pay the information-giver—
compensation for any loss the information-giver incurs because of the failure to comply with the subsection; and
the amount of any commercial gain the recipient makes because of the failure to comply with the subsection.
A secondary recipient must not use the information for a purpose other than for which it is given.
If a secondary recipient does not comply with subsection (5) , the secondary recipient is liable to pay the information-giver—
compensation for any loss the information-giver incurs because of the failure to comply with the subsection; and
the amount of any commercial gain the secondary recipient makes because of the failure to comply with the subsection.
(sec.156-ssec.1) This section applies if a resource authority holder (the information-giver ) gives another resource authority holder (the recipient ) information that this chapter requires or permits the information-giver to give to the recipient.
(sec.156-ssec.2) The recipient must not disclose the information to another person unless— the information is publicly available; or the disclosure is— to a person (a secondary recipient ) whom the recipient has authorised to carry out authorised activities for the recipient’s resource authority; or made with the information-giver’s consent; or expressly permitted or required under this or another Act; or to the Minister.
(sec.156-ssec.3) Subject to subsection (2) , the recipient must not use the information for a purpose other than for which it is given.
(sec.156-ssec.4) If the recipient does not comply with subsection (2) or (3) , the recipient is liable to pay the information-giver— compensation for any loss the information-giver incurs because of the failure to comply with the subsection; and the amount of any commercial gain the recipient makes because of the failure to comply with the subsection.
(sec.156-ssec.5) A secondary recipient must not use the information for a purpose other than for which it is given.
(sec.156-ssec.6) If a secondary recipient does not comply with subsection (5) , the secondary recipient is liable to pay the information-giver— compensation for any loss the information-giver incurs because of the failure to comply with the subsection; and the amount of any commercial gain the secondary recipient makes because of the failure to comply with the subsection.
- (a) the information is publicly available; or
- (b) the disclosure is— (i) to a person (a secondary recipient ) whom the recipient has authorised to carry out authorised activities for the recipient’s resource authority; or (ii) made with the information-giver’s consent; or (iii) expressly permitted or required under this or another Act; or (iv) to the Minister.
- (i) to a person (a secondary recipient ) whom the recipient has authorised to carry out authorised activities for the recipient’s resource authority; or
- (ii) made with the information-giver’s consent; or
- (iii) expressly permitted or required under this or another Act; or
- (iv) to the Minister.
- (i) to a person (a secondary recipient ) whom the recipient has authorised to carry out authorised activities for the recipient’s resource authority; or
- (ii) made with the information-giver’s consent; or
- (iii) expressly permitted or required under this or another Act; or
- (iv) to the Minister.
- (a) compensation for any loss the information-giver incurs because of the failure to comply with the subsection; and
- (b) the amount of any commercial gain the recipient makes because of the failure to comply with the subsection.
- (a) compensation for any loss the information-giver incurs because of the failure to comply with the subsection; and
- (b) the amount of any commercial gain the secondary recipient makes because of the failure to comply with the subsection.