Commonwealth Consolidated Acts Commonwealth Consolidated ActsDisclosure
(1) A person (the first person ) commits an offence if:
(a) the first person is or has been an expert advisory committee member; and
(b) the first person has obtained information in the course of performing duties or functions as an expert advisory committee member; and
(c) the first person discloses the information to another person; and
(d) the disclosure could reasonably be expected to prejudice substantially the commercial interests of a person other than the person to whom the information was disclosed.
Penalty: Imprisonment for 1 year.
(2) Subsection (1) does not apply if:
(a) the first person is performing duties or functions as an expert advisory committee member; or
(b) the first person is required by:
(i) this Act or any other law of the Commonwealth; or
(ii) a prescribed law of a State or Territory;
to disclose the information.
Note: The defendant bears an evidential burden in relation to a matter in subsection (2)--see subsection 13.3(3) of the Criminal Code .
Use
(3) A person (the first person ) commits an offence if:
(a) the first person is or has been an expert advisory committee member; and
(b) the first person has obtained information in the course of performing duties or functions as an expert advisory committee member; and
(c) the first person uses the information; and
(d) the use could reasonably be expected to prejudice substantially the commercial interests of another person.
Penalty: Imprisonment for 1 year.
(4) Subsection (3) does not apply if:
(a) the first person is performing duties or functions as an expert advisory committee member; or
(b) the first person is required by:
(i) this Act or any other law of the Commonwealth; or
(ii) a prescribed law of a State or Territory;
to use the information.
Note: The defendant bears an evidential burden in relation to a matter in subsection (4)--see subsection 13.3(3) of the Criminal Code .