Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) In this section:
"court" includes a tribunal or other entity with power to require the production of documents or the answering of questions.
"person to whom this section applies" means—
(a) a person who is or has been an inspector; or
(b) anyone else who has exercised a function under this Act.
"produce" includes allow access to.
"protected information" means information obtained under this Act in relation to manufacturing secrets or commercial secrets, working processes or anything else prescribed by regulation.
(2) A person commits an offence if—
(a) the person is a person to whom this section applies; and
(b) the person—
(i) makes a record of protected information; or
(ii) directly or indirectly, divulges or communicates protected information to a person; and
(c) the record is not made, or the information is not divulged or communicated, in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3) Subsection (2) does not prevent a person to whom this section applies from divulging or communicating protected information—
(a) with the consent of the person from whom the information was obtained; or
(b) to a person administering or enforcing a corresponding law; or
(c) to a law enforcement authority.
(4) A person to whom this section applies need not divulge or communicate protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another Act.