South Australian Consolidated Acts

ESSENTIAL SERVICES COMMISSION ACT 2002 - SECT 30

30—Obligation to preserve confidentiality

        (1)         Information gained under this Part that—

            (a)         could affect the competitive position of a regulated entity or other person; or

            (b)         is commercially sensitive for some other reason,

is, for the purposes of this Act, confidential information and a person performing a function under this Act or a relevant industry regulation Act is guilty of an offence if the person discloses such information otherwise than as authorised under this section.

Maximum penalty: $20 000 or imprisonment for 2 years.

        (2)         Confidential information may be disclosed if—

            (a)         the disclosure is made to another who is also performing a function under this Act or a relevant industry regulation Act; or

            (b)         the disclosure is made with the consent of the person who gave the information or to whom the information relates; or

            (c)         the disclosure is authorised or required under any other Act or law; or

            (d)         the disclosure is authorised or required by a court or tribunal constituted by law; or

            (e)         the disclosure is authorised by regulation.

        (3)         The Commission may disclose confidential information if the Commission is of the opinion that the public benefit in making the disclosure outweighs any detriment that might be suffered by a person in consequence of the disclosure.

        (4)         If a person, when giving information to the Commission in response to a requirement of the Commission under this Part, claims that the information is confidential information, the Commission must, before disclosing the information otherwise than as referred to in subsection (2), give the person written notice of the proposed disclosure and the reasons for the disclosure.

        (5)         A person performing a function under this Act or a relevant industry regulation Act must not use confidential information for the purpose of securing a private benefit for himself or herself or for some other person.

Maximum penalty: $20 000 or imprisonment for 2 years.

        (6)         Information classified by the Commission as being confidential under subsection (1) is not liable to disclosure under the Freedom of Information Act 1991 .