(1) The Finance Minister may, on behalf of the Commonwealth, enter into an agreement with NBN Co, or with one or more members of the Board, relating to the protection of information:
(a) that is obtained under section 59; and
(b) the publication of which might be expected to prejudice substantially NBN Co's commercial interests.
(2) The agreement may be enforced as if it were a contract.
(3) This section does not, by implication, limit the executive power of the Commonwealth to enter into agreements.