s. 44 43 Information to be confidential S. 43 amended by (1) A person connected with a nominated project No. 45/2009 s. 13(1)(4) (ILA must not make a record of, or divulge or s. 39B(1)). communicate to any person, information about the project that was obtained by the person in confidence except— (a) in carrying out official duties; or (b) in carrying out duties or obligations under this Act or any agreement or arrangement under this Act; or (c) with the consent of the responsible Minister; or S. 43(d) (d) to a court, in proceedings under this Act or in amended by relation to an agreement or arrangement No. 45/2009 s. 13(2). made under this Act; or (e) if the information is already in the public S. 43(e) inserted by domain, other than as a result of a No. 45/2009 contravention of this Act. s. 13(3). 50 penalty units. (2) For the purposes of subsection (1), a reference to S. 43(2) inserted by information obtained in confidence includes a No. 45/2009 reference to information obtained by the person in s. 13(4). circumstances in which the person knew or ought reasonably to have known the information was confidential. 44 Who is connected with a nominated project? For the purposes of sections 42 and 43, a person is connected with a nominated project if the person is or has been—
S. 43 amended by No. 45/2009 s. 13(1)(4) (ILA s. 39B(1)). 43 Information to be confidential (1) A person connected with a nominated project must not make a record of, or divulge or communicate to any person, information about the project that was obtained by the person in confidence except— (a) in carrying out official duties; or (b) in carrying out duties or obligations under this Act or any agreement or arrangement under this Act; or (c) with the consent of the responsible Minister; or S. 43(d) amended by No. 45/2009 s. 13(2). (d) to a court, in proceedings under this Act or in relation to an agreement or arrangement made under this Act; or S. 43(e) inserted by No. 45/2009 s. 13(3). (e) if the information is already in the public domain, other than as a result of a contravention of this Act. 50 penalty units. S. 43(2) inserted by No. 45/2009 s. 13(4). (2) For the purposes of subsection (1), a reference to information obtained in confidence includes a reference to information obtained by the person in circumstances in which the person knew or ought reasonably to have known the information was confidential. 44 Who is connected with a nominated project? s. 44 For the purposes of sections 42 and 43, a person is connected with a nominated project if the person is or has been—
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