Section 23 does not apply to a person if:
(a) the person makes a record of, discloses or otherwise uses protected information; and
(b) the information is commercial-in-confidence; and
(c) the person does not know that the information is commercial-in-confidence.
Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code ).