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MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014 No. 47 - SECT 156 156 Confidentiality

MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014 No. 47 - SECT 156

156 Confidentiality

(1) This section applies if a resource authority holder (the information-giver) gives another resource authority holder (the recipient) information that this chapter requires or permits the information-giver to give to the recipient.

(2) The recipient must not disclose the information to another person unless—

(a) the information is publicly available; or
(b) the disclosure is—
(i) to a person (a secondary recipient) whom the recipient has authorised to carry out authorised activities for the recipient's resource authority; or
(ii) made with the information-giver's consent; or
(iii) expressly permitted or required under this or another Act; or
(iv) to the Minister.

(3) Subject to subsection (2), the recipient must not use the information for a purpose other than for which it is given.

(4) If the recipient does not comply with subsection (2) or (3), the recipient is liable to pay the information-giver—

(a) compensation for any loss the information-giver incurs because of the failure to comply with the subsection; and
(b) the amount of any commercial gain the recipient makes because of the failure to comply with the subsection.

(5) A secondary recipient must not use the information for a purpose other than for which it is given.

(6) If a secondary recipient does not comply with subsection (5), the secondary recipient is liable to pay the information-giver—

(a) compensation for any loss the information-giver incurs because of the failure to comply with the subsection; and
(b) the amount of any commercial gain the secondary recipient makes because of the failure to comply with the subsection.