8AWUse by the Commonwealth of information obtained from Telstra or the Board

8AW Use by the Commonwealth of information obtained from Telstra or the Board

(1) This section applies to information obtained under repealed Division 3 or under section 8AQ. (2) The Commonwealth, or an associated person, may use the information for a purpose in connection with the formulation, entering into, or carrying out, of a Telstra sale scheme. (3) The Commonwealth, or an associated person, may disclose the information for a purpose in connection with the formulation, entering into, or carrying out, of a Telstra sale scheme. (4) If subsection (2) or (3) does not apply, the Commonwealth, or an associated person, may use or disclose the information for a purpose in connection with the Commonwealth’s capacity as a shareholder in Telstra, so long as the use or disclosure does not involve giving the information to a person who is not an associated person. (5) To avoid doubt, the use or disclosure of information as mentioned in subsection (2), (3) or (4) does not result in a contravention of, or give rise to a liability or remedy under: (a) a provision of the Corporations Act 2001; or (ab) if Telstra is a listed disclosing entity—the listing rules of a listing market in relation to Telstra; or (b) a rule of common law or equity (other than a rule of administrative law). (6) In this section:

associated person means:

(a) a Minister; or
(b) an individual who holds an office under, or is employed by, the Commonwealth; or
(c) a person appointed or engaged under the Public Service Act 1999; or
(d) a person who performs services for or on behalf of the Commonwealth in connection with:
(i) the formulation, entering into, or carrying out, of a Telstra sale scheme; or
(ii) the Commonwealth’s capacity as a shareholder in Telstra.

listed disclosing entity has the same meaning as it is given by section 9 of the Corporations Act 2001.

listing market, in relation to a listed disclosing entity, has the same meaning as it is given by section 9 of the Corporations Act 2001.

listing rules of a market has the same meaning as it is given by section 9 of the Corporations Act 2001.