30Confidential commercial information may only be disclosed in certain circumstances

30 Confidential commercial information may only be disclosed in certain circumstances

(1) A person commits an offence if: (a) the person discloses confidential commercial information that the person has only because of performing duties or functions under this Act or under a corresponding State law; and (b) the person knows that the information is confidential commercial information; and (c) the disclosure is not: (i) to the Commonwealth, a Commonwealth authority or a State agency in the course of carrying out duties or functions under this Act or under a corresponding State law; or (ii) by order of a court; or (iii) with the consent of each person to whom the information has a commercial or other value.

Penalty: Imprisonment for 2 years.

(2) A person commits an offence if: (a) the person discloses confidential commercial information that the person has only because of a disclosure permitted under subsection (1) or this subsection; and (b) the person knows that the information is confidential commercial information; and (c) the disclosure is not: (i) to the Commonwealth, a Commonwealth authority or a State agency in the course of carrying out duties or functions under this Act or under a corresponding State law; or (ii) by order of a court; or (iii) with the consent of each person to whom the information has a commercial or other value.

Penalty: Imprisonment for 2 years.

(3) In this section:

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

State agency means the following:

(a) the Crown in right of a State;
(b) a Minister of a State;
(c) a State Government department;
(d) an instrumentality of a State, including a body corporate established for a public purpose by or under a law of a State;
(e) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:
(i) the Crown in right of a State;
(ii) a person or body covered by paragraph (b) or (d);
(iii) a person or body covered by either of the above subparagraphs.

Note: For the definition of confidential commercial information, see section 8.