Commonwealth Consolidated Acts

DEVELOPMENT ALLOWANCE AUTHORITY ACT 1992 - SECT 114

             (1)  A person who:

                     (a)  has commercial-in-confidence information; and

                     (b)  has it only because of performing duties or functions under this Act; and

                     (c)  knows that the information is commercial-in-confidence information;

must not disclose any of the information.

Penalty:  Imprisonment for 2 years.

          (1A)  Subsection (1) does not apply if the disclosure is:

                     (a)  in the course of carrying out functions and duties under this Act; or

                     (b)  to the Commissioner of Taxation, for the purposes of the administration of an Act of which the Commissioner of Taxation has the general administration; or

                     (c)  by order of a court; or

                     (d)  with the consent of the person who applied to have the information treated as commercial-in-confidence information.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (1A), see subsection 13.3(3) of the Criminal Code .

             (2)  For the purposes of this section, information is commercial-in-confidence information at a particular time if, and only if, at that time:

                     (a)  there is in force a declaration under section 112 that the information is to be treated as commercial-in-confidence information for the purposes of this Part; or

                     (b)  the information is otherwise treated as commercial-in-confidence information for the purposes of this Part.