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.