5EDealing with confidential information

5E Dealing with confidential information

(1) This section applies to a person who is or has been: (a) a member of the Commission; or (b) a member of the staff of the Commission; or (c) a person who performs services in connection with the functions of the Commission; or (ca) a person whose services are made available to the Commission under section 15; or (d) the Minister; or (e) a person employed as a member of staff of the Minister under section 13 or 20 of the Members of Parliament (Staff) Act 1984; or (f) a person appointed by the Minister to conduct the review under repealed subsection 57(7); or (g) a person who assists a person mentioned in paragraph (f) in the conduct of the review. (2) The person must not disclose information if: (a) either: (i) it is information given to the Commission under section 5D and the company that gave the information claims it is commercial‑in‑confidence information; or (ii) it is information contained in a document given to the Commission under section 5D and the company that gave the document claims that the information is commercial‑in‑confidence information; and (b) the disclosure of the information could reasonably be expected: (i) to cause financial loss or detriment to the directed company or a related body corporate of the directed company; or (ii) to directly benefit a competitor of the directed company or of a related body corporate of the directed company; or (iii) to reduce the return for a pool mentioned in section 84.

Penalty: Imprisonment for 1 year.

(3) Subsection (2) does not prevent the person from disclosing information: (a) with the consent of the company that gave the information; or (b) in accordance with an order of a court; or (c) to any of the following persons, for a purpose in connection with the performance of the functions of the Commission: (i) a member of the Commission; (ii) a member of the staff of the Commission; (iii) a person who performs services in connection with the functions of the Commission; (iv) a person whose services are made available to the Commission under section 15; or (d) to the Minister; or (da) under subsection 5DC(7), (8) or (9); or (e) to a person employed as a member of staff of the Minister under section 13 or 20 of the Members of Parliament (Staff) Act 1984.

Note: The defendant bears an evidential burden in relation to a matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).