Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) A person who—
(a) has confidential commercial information; and
(b) has the information only because of exercising functions under this Act or under the Commonwealth Act or a corresponding State law within the meaning of the Commonwealth Act; and
(c) knows that the information is confidential commercial information;
must not disclose the information.
Maximum penalty: 120 penalty units , imprisonment for 2 years or both.
(2) A person who—
(a) has confidential commercial information; and
(b) has it because of a disclosure mentioned in subsection (3); and
(c) knows that the information is confidential commercial information;
must not disclose the information.
Maximum penalty: 120 penalty units , imprisonment for 2 years or both.
(3) This section does not apply to a disclosure of information—
(a) to any of the following entities in the course of carrying out functions under this Act, the Commonwealth Act or a corresponding State law:
(i) a territory agency;
(ii) the Commonwealth or a Commonwealth authority;
(iii) the gene technology technical advisory committee; or
(b) by order of a court; or
(c) with the consent of the person who applied to have the information treated as confidential commercial information.
(4) The Freedom of Information Act 1989 , section 43 (Documents relating to business affairs etc) applies to information to which subsection (1) or (2) applies.
(5) This section has effect despite anything to the contrary in the Freedom of Information Act 1989 .
(6) In this section:
"corresponding State law"—see the Commonwealth Act, section 12.
"court" includes a tribunal, authority or person having power to require the production of documents or the answering of questions.
"disclose", in relation to information, means give or communicate in any way.
Note This section differs from the Commonwealth Act, s 187.