Commonwealth Consolidated Acts

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.

Maximum 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.

Maximum 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.