Victorian Consolidated Legislation

Essential Services Commission Act 2001 - SECT 61

Disclosure of information an offence

61. Disclosure of information an offence



(1) A person must not disclose any confidential or commercially-sensitive
information obtained during the exercise of a power or the performance of a
function under, or in connection with, this Act or any relevant legislation.

Penalty: 120 penalty units.



(2) A person must not use any such information to obtain directly or
indirectly any pecuniary or other advantage for himself or herself or for any
other person.

Penalty: 120 penalty units.

(3) However, the person may disclose or use such information if-

   (a)  the disclosure or use is made in the exercise of a power or the
        performance of a function under, or in connection with, this Act or
        any relevant legislation; or

   (b)  the person has the consent of the person who supplied the information;
        or

   (c)  the disclosure or use is made in legal proceedings at the direction of
        a court; or

   (d)  the information is in the public domain at the time it is disclosed or
        used.

(4) For the purpose of removing doubt, subsection (3) is not intended to
interfere with any rights another person may have with regard to the
disclosure or use of the information.