Commonwealth Consolidated Acts

DEVELOPMENT ALLOWANCE AUTHORITY ACT 1992 - SECT 114A

             (1)  A person commits an offence if the person:

                     (a)  makes a record of, discloses or otherwise makes use of information; and

                     (b)  the information is commercial-in-confidence information for the purposes of section 114; and

                     (c)  the information was disclosed to or obtained by the person in breach of section 114; and

                     (d)  the information was not disclosed to or obtained by the person because of performing duties or functions under this Act.

Penalty:  Imprisonment for 2 years.

             (2)  Subsection (1) does not apply:

                     (a)  to the extent that the person's actions are required or permitted by this Act or reasonably necessary in order to comply with an obligation imposed by this Act; or

                     (b)  to a disclosure if the disclosure is:

                              (i)  to the DAA or a person who is performing duties or functions under this Act; and

                             (ii)  for a purpose connected with administering this Act.

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

             (3)  Except where it is necessary to do so for the purpose of carrying into effect the provisions of this Act, a person must not be required to disclose to a court or tribunal a matter or thing with respect to information in relation to which subsection (1) applies.