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Competition and Consumer Act 2010 (Cth)

Repealed

Section 44ZZU
Provisions affecting whether a corporation has disclosed information to a person

On 6 November 2017 Part IV, Division 1A (Anti-competitive disclosure of pricing and other information) was repealed The Harper Reforms. None of the provisions in Division 1A were ever litigated.

 

The provision

Disclosure to director, employee or agent etc. of another person

(1) For the purpose of this Division:

(a) if a corporation makes a disclosure of information to a person in the person's capacity as a director, employee or agent of another body corporate, the disclosure is taken to have been made by the corporation to that body corporate; and

(b) if a corporation makes a disclosure of information to a person in the person's capacity as an employee or agent of another person (not being a body corporate), the disclosure is taken to have been made by the corporation to that other person.

Disclosure to discloser's own agent

(2) For the purpose of this Division, the disclosure of information by a corporation to another person is to be disregarded if: (a) the disclosure is made to the person in the person's capacity as an agent of the corporation; and (b) subsection (3) does not apply to the disclosure.

Disclosure through intermediary

(3) If:

(a) a corporation makes a disclosure of information to a person (the intermediary); and

(b) the corporation makes the disclosure to the intermediary for the purpose of the intermediary disclosing (or arranging for the disclosure of) the information to one or more other persons; and

(c) the information is so disclosed to one or more of those other persons (the recipients);

then, for the purpose of this Division:

(d) the disclosure of the information to the recipients is taken to have been made by the corporation; and

(e) the disclosure of the information to the intermediary is to be disregarded (unless the intermediary is a competitor or potential competitor of the corporation in a market).

Accidental disclosure

(4) For the purpose of this Division, the disclosure of information by a corporation to a person (the recipient) is to be disregarded if the disclosure to the recipient is due to:

(a) an accident; or

(b) the default of a person other than the corporation; or

(c) some other cause beyond the control of the corporation.

Note: This subsection does not apply to a disclosure of information covered by subsection (3).

Section 84 not limited

(5) This section does not limit section 84.

 

Legislative history