RESEARCH INVOLVING HUMAN EMBRYOS ACT 2002 - SECT 30 Confidential commercial information may only be disclosed in certain circumstances

RESEARCH INVOLVING HUMAN EMBRYOS ACT 2002 - SECT 30

  (1)   A person commits an offence if:

  (a)   the person discloses confidential commercial information that the person has only because of performing duties or functions under this Act or under a corresponding State law; and

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

  (c)   the disclosure is not:

  (i)   to the Commonwealth, a Commonwealth authority or a State agency in the course of carrying out duties or functions under this Act or under a corresponding State law; 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.

Penalty:   Imprisonment for 2 years.

  (2)   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   (1) or this subsection; and

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

  (c)   the disclosure is not:

  (i)   to the Commonwealth, a Commonwealth authority or a State agency in the course of carrying out duties or functions under this Act or under a corresponding State law; 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.

Penalty:   Imprisonment for 2 years.

  (3)   In this section:

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

"State agency" means the following:

  (a)   the Crown in right of a State;

  (b)   a Minister of a State;

  (c)   a State Government department;

  (d)   an instrumentality of a State, including a body corporate established for a public purpose by or under a law of a State;

  (e)   a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:

  (i)   the Crown in right of a State;

  (ii)   a person or body covered by paragraph   (b) or (d);

  (iii)   a person or body covered by either of the above subparagraphs.

Note:   For the definition of confidential commercial information , see section   8.