Commonwealth Numbered Acts

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INDUSTRIAL RELATIONS ACT 1988 No. 86 of 1988 - SECT 355

Trade secrets etc. tendered as evidence
355. (1) In a proceeding before the Court or the Commission:

   (a)  the person entitled to a trade secret may object that information
        tendered as evidence relates to the trade secret; or

   (b)  a witness or party may object that information tendered as evidence
        relates to the profits or financial position of the witness or party.

(2) Where an objection is made under subsection (1) to information tendered as
evidence, the information may only be given as evidence under a direction of
the Court or Commission.

(3) If information is given as evidence under subsection (2), it shall not be
published in any newspaper, or otherwise, unless the Court or Commission, by
order, permits the publication.

(4) Where the Court or Commission directs that information relating to a trade
secret or to the profits or financial position of a witness or party shall be
given in evidence, the evidence shall be taken in private if the person
entitled to the trade secret, or the witness or party, requests.

(5) The Court or Commission may direct that evidence given in a proceeding
before it, or the contents of a document produced for inspection, shall not be
published. 


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