GENE TECHNOLOGY ACT 2000 - SECT 187 Confidential commercial information must not be disclosed

GENE TECHNOLOGY ACT 2000 - SECT 187

  (1)   A person who:

  (a)   has confidential commercial information; and

  (b)   has it only because of performing duties or functions under this Act or under a corresponding State law; and

  (c)   knows that the information is confidential commercial information;

must not disclose the information except:

  (d)   to any of the following in the course of carrying out duties or functions under this Act or under a corresponding State law:

  (i)   the Commonwealth or a Commonwealth authority;

  (ii)   a State agency;

  (iii)   the Gene Technology Technical Advisory Committee; or

  (e)   by order of a court; or

  (f)   with the consent of the person who applied to have the information treated as confidential commercial information.

Maximum penalty:   Imprisonment for 2 years or 120 penalty units.

Note 1:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:   Information to which subsection   ( 1) applies is information to which section   38 of the Freedom of Information Act 1982 applies, because subsection   ( 1) is listed in Schedule   3 to that Act.

  (2)   A person who:

  (a)   has confidential commercial information; and

  (b)   has it because of a disclosure under subsection   ( 1) or under this subsection; and

  (c)   knows that the information is confidential commercial information;

must not disclose the information except:

  (d)   to any of the following in the course of carrying out duties or functions under this Act or under a corresponding State law:

  (i)   the Commonwealth or a Commonwealth authority;

  (ii)   a State agency;

  (iii)   the Gene Technology Technical Advisory Committee; or

  (e)   by order of a court; or

  (f)   with the consent of the person who applied to have the information treated as confidential commercial information.

Maximum penalty:   Imprisonment for 2 years or 120 penalty units.

Note 1:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:   Information to which subsection   ( 2) applies is information to which section   38 of the Freedom of Information Act 1982 applies, because subsection   ( 2) is listed in Schedule   3 to that Act.

  (3)   In this section:

"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.