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Wheat Export Marketing Bill 2008

Part 7 Protection of confidential information

   

73   Protected confidential information

                   For the purposes of this Act, information is protected confidential information if:

                     (a)  any of the following subparagraphs applies:

                              (i)  the information was given in, or in connection with, an application made to WEA under the wheat export accreditation scheme, and the person who made the application claims the information is commercial-in-confidence information;

                             (ii)  the information is contained in a report given to WEA under the wheat export accreditation scheme, and the person who gave the report claims the information is commercial-in-confidence information;

                            (iii)  the information is given to WEA under subsection 25(2) or 29(2), and the person who gave the information claims it is commercial-in-confidence information;

                            (iv)  the information is contained in a document or copy produced to WEA under subsection 25(2) or 29(2), and the person who produced the document or copy claims the information is commercial-in-confidence information;

                             (v)  the information is contained in a report given to WEA under subsection 30(2), and the person who gave the report claims the information is commercial-in-confidence information;

                            (vi)  the information is contained in a report a copy of which was given to WEA under paragraph 31(1)(d), and the person the subject of the report claims the information is commercial-in-confidence information; and

                     (b)  the disclosure of the information could reasonably be expected:

                              (i)  to cause financial loss or detriment to the person; or

                             (ii)  if the person is a body corporate—to cause financial loss or detriment to a related body corporate; or

                            (iii)  to directly benefit a competitor of the person; or

                            (iv)  if the person is a body corporate—to directly benefit a competitor of a related body corporate.

74   Protection of confidential information

             (1)  This section restricts what a person (the entrusted public official ) who is or was:

                     (a)  a WEA member; or

                     (b)  a member of WEA staff; or

                     (c)  a person whose services are made available to WEA under section 62; or

                     (d)  the Minister; or

                     (e)  a person employed as a member of staff of the Minister under section 13 or 20 of the Members of Parliament (Staff) Act 1984 ;

may do with protected confidential information.

             (2)  The entrusted public official commits an offence if:

                     (a)  the official has obtained protected confidential information; and

                     (b)  the official discloses the information to another person.

Penalty:  Imprisonment for 1 year.

             (3)  Each of the following is an exception to the prohibition in subsection (2):

                     (a)  the disclosure is with the consent of the person who gave the information;

                     (b)  the disclosure is in accordance with an order of a court;

                     (c)  the disclosure is to any of the following persons, for a purpose in connection with the performance of the functions, or the exercise of the powers, of WEA:

                              (i)  a WEA member;

                             (ii)  a member of WEA staff;

                            (iii)  a person whose services are made available to WEA under section 62;

                     (d)  the disclosure is to the Minister;

                     (e)  the disclosure is authorised by subsection 34(3), (4) or (5);

                      (f)  the disclosure is to a person employed as a member of staff of the Minister under section 13 or 20 of the Members of Parliament (Staff) Act 1984 ;

                     (g)  the disclosure is to an APS employee in the Australian Quarantine and Inspection Service, for a purpose that is relevant to the duties of the APS employee;

                     (h)  the disclosure is to a customs officer, for a purpose that is relevant to the duties of the customs officer;

                      (i)  the disclosure is to a member or special member of the Australian Federal Police, for a purpose that is relevant to the duties of the member or special member;

                      (j)  the disclosure is to a member of the police force of a State or Territory, for a purpose that is relevant to the duties of the member;

                     (k)  the disclosure is to the Australian Securities and Investments Commission, for a purpose that is relevant to the functions or powers of the Australian Securities and Investments Commission;

                      (l)  the disclosure is to the Australian Prudential Regulation Authority, for a purpose that is relevant to the functions or powers of the Australian Prudential Regulation Authority;

                    (m)  the disclosure is to the Commissioner of Taxation, for a purpose that is relevant to the functions or powers of the Commissioner of Taxation;

                     (n)  the disclosure is to the ACCC, for a purpose that is relevant to the functions or powers of the ACCC;

                     (o)  the disclosure is to a prescribed agency, for a purpose that is relevant to the functions or powers of the prescribed agency.

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