sec.38Confidential commercial information may only be disclosed in certain circumstances

### sec.38 Confidential commercial information may only be disclosed in certain circumstances A person commits an offence if— the person discloses confidential commercial information that the person has only because of performing duties or functions under this part, or under this part and the Commonwealth Act; and the person knows that the information is confidential commercial information; and the disclosure is not made— for the purposes of this Act, a corresponding State law, the Commonwealth Act or the Prohibition of Human Cloning Act 2002 (Cwlth) , to a State agency, the Commonwealth or a Commonwealth authority; or by order of a court; or with the consent of each person to whom the information has a commercial or other value. Maximum penalty—2 years imprisonment. A person commits an offence if— the person discloses confidential commercial information that the person has only because of a disclosure permitted under subsection (1) or this subsection; and the person knows that the information is confidential commercial information; and the disclosure is not made— for the purposes of this Act, a corresponding State law, the Commonwealth Act or the Prohibition of Human Cloning Act 2002 (Cwlth) , to a State agency, the Commonwealth or a Commonwealth authority; or by order of a court; or with the consent of each person to whom the information has a commercial or other value. Maximum penalty—2 years imprisonment. 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 State; a Minister of a State; a department or a department of Government of another State; an instrumentality of a State, including a body corporate established for a public purpose under a law of a State; a company in which a controlling interest is held by any 1 of the following persons, or by 2 or more of the following persons together— a State; a Minister of a State, or a State instrumentality mentioned in paragraph (d) ; a person or body covered by subparagraph (i) or (ii) . (sec.38-ssec.1) A person commits an offence if— the person discloses confidential commercial information that the person has only because of performing duties or functions under this part, or under this part and the Commonwealth Act; and the person knows that the information is confidential commercial information; and the disclosure is not made— for the purposes of this Act, a corresponding State law, the Commonwealth Act or the Prohibition of Human Cloning Act 2002 (Cwlth) , to a State agency, the Commonwealth or a Commonwealth authority; or by order of a court; or with the consent of each person to whom the information has a commercial or other value. Maximum penalty—2 years imprisonment. (sec.38-ssec.2) A person commits an offence if— the person discloses confidential commercial information that the person has only because of a disclosure permitted under subsection (1) or this subsection; and the person knows that the information is confidential commercial information; and the disclosure is not made— for the purposes of this Act, a corresponding State law, the Commonwealth Act or the Prohibition of Human Cloning Act 2002 (Cwlth) , to a State agency, the Commonwealth or a Commonwealth authority; or by order of a court; or with the consent of each person to whom the information has a commercial or other value. Maximum penalty—2 years imprisonment. (sec.38-ssec.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 State; a Minister of a State; a department or a department of Government of another State; an instrumentality of a State, including a body corporate established for a public purpose under a law of a State; a company in which a controlling interest is held by any 1 of the following persons, or by 2 or more of the following persons together— a State; a Minister of a State, or a State instrumentality mentioned in paragraph (d) ; a person or body covered by subparagraph (i) or (ii) . - (a) the person discloses confidential commercial information that the person has only because of performing duties or functions under this part, or under this part and the Commonwealth Act; and - (b) the person knows that the information is confidential commercial information; and - (c) the disclosure is not made— (i) for the purposes of this Act, a corresponding State law, the Commonwealth Act or the Prohibition of Human Cloning Act 2002 (Cwlth) , to a State agency, the Commonwealth or a Commonwealth authority; 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. - (i) for the purposes of this Act, a corresponding State law, the Commonwealth Act or the Prohibition of Human Cloning Act 2002 (Cwlth) , to a State agency, the Commonwealth or a Commonwealth authority; 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. - (i) for the purposes of this Act, a corresponding State law, the Commonwealth Act or the Prohibition of Human Cloning Act 2002 (Cwlth) , to a State agency, the Commonwealth or a Commonwealth authority; 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. - (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 made— (i) for the purposes of this Act, a corresponding State law, the Commonwealth Act or the Prohibition of Human Cloning Act 2002 (Cwlth) , to a State agency, the Commonwealth or a Commonwealth authority; 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. - (i) for the purposes of this Act, a corresponding State law, the Commonwealth Act or the Prohibition of Human Cloning Act 2002 (Cwlth) , to a State agency, the Commonwealth or a Commonwealth authority; 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. - (i) for the purposes of this Act, a corresponding State law, the Commonwealth Act or the Prohibition of Human Cloning Act 2002 (Cwlth) , to a State agency, the Commonwealth or a Commonwealth authority; 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. - (a) a State; - (b) a Minister of a State; - (c) a department or a department of Government of another State; - (d) an instrumentality of a State, including a body corporate established for a public purpose under a law of a State; - (e) a company in which a controlling interest is held by any 1 of the following persons, or by 2 or more of the following persons together— (i) a State; (ii) a Minister of a State, or a State instrumentality mentioned in paragraph (d) ; (iii) a person or body covered by subparagraph (i) or (ii) . - (i) a State; - (ii) a Minister of a State, or a State instrumentality mentioned in paragraph (d) ; - (iii) a person or body covered by subparagraph (i) or (ii) . - (i) a State; - (ii) a Minister of a State, or a State instrumentality mentioned in paragraph (d) ; - (iii) a person or body covered by subparagraph (i) or (ii) .