(1) The Minister for Finance may, on behalf of the Commonwealth, enter into an agreement with Telstra, or with one or more members of the Board, relating to the protection of information:
(a) that is obtained under repealed Division 3 or under section 8AQ; and
(b) the publication of which might be expected to prejudice substantially Telstra'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.