• Specific Year
    Any

ENVIRONMENT PROTECTION ACT 1997 - SECT 92A Confidential commercial information must not be disclosed

ENVIRONMENT PROTECTION ACT 1997 - SECT 92A

Confidential commercial information must not be disclosed

    (1)     This section applies to information given to the director-general under section 92.

    (2)     A person commits an offence if—

        (a)     the person discloses confidential commercial information that the person has only because of exercising a function under this Act; and

        (b)     the person knows that the information is confidential commercial information; and

        (c)     the disclosure is not—

              (i)     to the Territory or a Territory agency; 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.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (3)     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 (2); and

        (b)     the person knows that the information is confidential commercial information; and

        (c)     the disclosure is not—

              (i)     to the Territory or a Territory agency; 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.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (4)     In this section:

"confidential commercial information" means—

        (a)     information that has a commercial or other value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed; or

        (b)     other information that—

              (i)     concerns the lawful commercial or financial affairs of a person or undertaking; and

              (ii)     if it were disclosed, could unreasonably affect the person or undertaking.

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

"Territory agency" means—

        (a)     a Minister; or

        (b)     an administrative unit; or

        (c)     a Territory instrumentality; or

        (d)     a corporation established for a public purpose under a Territory Act.