Victorian Consolidated Legislation

Infertility Treatment Act 1995 - SECT 21R

Confidential commercial information may only be disclosed in certain circumstances

21R. Confidential commercial information may only be disclosed in certain
circumstances



(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
        Part or the Commonwealth Act; and

   (b)  the person knows that the information is confidential commercial
        information; and

   (c)  the disclosure is not-

   (i)  to a State agency, the Commonwealth or a Commonwealth authority in the
        course of carrying out duties or functions under this Part or the
        Commonwealth Act; 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.

(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 a State agency, the Commonwealth or a Commonwealth authority in the
        course of carrying out duties or functions under this Part or the
        Commonwealth Act; 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.

(3) An offence against subsection (1) or (2) is punishable by imprisonment for
a term not exceeding 2 years.

(4) 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 the State;

   (b)  a Minister of the State;

   (c)  a State Government department;

   (d)  the Authority or any other instrumentality of the State, including a
        body corporate established for a public purpose by or under a law of
        the 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 the State;

   (ii) a person or body covered by paragraph (b) or (d);

   (iii) a person or body covered by either subparagraph (i) or (ii). Note For
        the definition of confidential commercial information, see section
        21A.

Division 6-Review provisions