Victorian Current Acts

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PROJECT DEVELOPMENT AND CONSTRUCTION MANAGEMENT ACT 1994 - SECT 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.

Penalty:     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.



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