South Australian Consolidated Acts South Australian Consolidated Acts (1) Information
obtained under section 29 or Part 5 that—
(a)
could affect the competitive position of a proponent or a respondent; or
(b) is
commercially valuable or sensitive for some other reason,
is to be regarded as "confidential information".
(2) A person who
obtains confidential information must not disclose that information
unless—
(a) the
disclosure is reasonably required for the purposes of this Act; or
(b) the
disclosure is made with the consent of the person who supplied the
information; or
(c) the
disclosure is required or authorised by law; or
(d) the
disclosure is required by a court or tribunal constituted by law; or
(e) the
disclosure is in prescribed circumstances.
Maximum penalty: $15 000.
(3) A person who
obtains confidential information must not (unless authorised by the person who
supplied the information) use the information for a purpose which is not
authorised or contemplated by this Act.
Maximum penalty: $15 000.
(4)
Subsections (1), (2) and (3) do not prevent or restrict the
disclosure of information to the regulator.
(5) Despite
subsections (1), (2) and (3), the regulator may, if the regulator
considers it is in the public interest to do so, disclose
confidential information to either or both of the following:
(a) the
Minister;
(b) the
public.
(6) A person who
obtains confidential information must not use the information for the purpose
of securing an advantage for himself or herself or for some other person in
competition with the person who provided the information.
Maximum penalty: $100 000.
(7) An operator must,
in connection with the operation of this section, develop and maintain a
policy to ensure that confidential information obtained by the operator is not
disclosed or used except as authorised by this section.
(8) The operator must
provide a copy of a policy developed under subsection (7) to the
regulator and to any other person who requests a copy from the operator.