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GREENHOUSE AND ENERGY MINIMUM STANDARDS ACT 2012 - SECT 169

Offence--Disclosing commercially sensitive information

Offence

  (1)   A person commits an offence if:

  (a)   the person discloses information to another person; and

  (b)   the information is protected information; and

  (c)   there is a risk that the disclosure might substantially prejudice the commercial interests of a third person.

Penalty:   Imprisonment for 2 years or 120 penalty units, or both.

Exception--authorised disclosure

  (2)   Subsection   (1) does not apply if the disclosure referred to in paragraph   (1)(a) is authorised by section   170 (authorised disclosures).

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

Meaning of protected information

  (3)   Protected information is information that has been disclosed to, or obtained by, a person in the course of the person performing a function or duty, or exercising a power, under or in relation to this Act.

Note:   The expression this Act has an extended meaning (see the Dictionary in section   5).



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