Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to a hearing conducted under this Division.
(2) If:
(a) the hearing, or a part of the hearing, takes place in public; and
(b) the ACCC is of the opinion that:
(i) evidence or other material presented to the hearing; or
(ii) material in a written submission lodged with the ACCC;
is of a confidential nature;
the ACCC may order that:
(c) the evidence or material not be published; or
(d) its disclosure be restricted.
(3) A person must not fail to comply with an order under subsection (2).
(4) A person commits an offence if:
(a) the ACCC has made an order under subsection (2); and
(b) the person engages in conduct; and
(c) the person's conduct contravenes the order.
(5) Subsections (3) and (4) do not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code ).
(6) In this section:
"engage in conduct" means:
(a) do an act; or
(b) omit to perform an act.