Western Australian Consolidated Acts Western Australian Consolidated Acts (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 under a
corresponding law;
(b) the
person knows that the information is confidential commercial information; and
(c) the
disclosure is not —
(i)
to the Commonwealth, a Commonwealth authority or a State
agency in the course of carrying out duties or functions under this Part or
under a corresponding law;
(ii)
by order of a court; or
(iii)
with the consent of each person to whom the information
has a commercial or other value.
Penalty: A fine of 120 penalty units or
imprisonment for 2 years or both.
(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;
(b) the
person knows that the information is confidential commercial information; and
(c) the
disclosure is not —
(i)
to the Commonwealth, a Commonwealth authority or a State
agency in the course of carrying out duties or functions under this Part or
under a corresponding law;
(ii)
by order of a court; or
(iii)
with the consent of each person to whom the information
has a commercial or other value.
Penalty: A fine of 120 penalty units or
imprisonment for 2 years or both.
(3) In this
section —
Commonwealth authority means —
(a) a
body corporate established for a public purpose by or under an Act of the
Commonwealth; or
(b) 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 Commonwealth;
(ii)
a body covered by paragraph (a);
(iii)
a body covered by subparagraph (i) or (ii);
court includes a tribunal, authority or person
having power to require the production of documents or the answering of
questions;
State agency means —
(a) the
Crown in right of a State;
(b) a
Minister of a State;
(c) a
department of the Government of a State;
(d) an
instrumentality of a State, including a body corporate established for a
public purpose by or under a law of a State; or
(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 a State;
(ii)
a person or body covered by paragraph (b) or (d);
(iii)
a person or body covered by subparagraph (i)
or (ii).
[Section 53ZK inserted by No. 17 of 2004
s. 36.]