Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 503

  (1)   This section applies to a hearing conducted under this Division.

  (2)   If:

  (a)   the hearing, or a part of the hearing, takes place in public; and

  (b)   the ACCC is of the opinion that:

  (i)   evidence or other material presented to the hearing; or

  (ii)   material in a written submission lodged with the ACCC;

    is of a confidential nature;

the ACCC may order that:

  (c)   the evidence or material not be published; or

  (d)   its disclosure be restricted.

  (3)   A person must not fail to comply with an order under subsection   (2).

  (4)   A person commits an offence if:

  (a)   the ACCC has made an order under subsection   (2); and

  (b)   the person engages in conduct; and

  (c)   the person's conduct contravenes the order.

Penalty:   50 penalty units.

  (5)   Subsections   (3) and (4) do not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (5) (see subsection   13.3(3) of the Criminal Code ).

  (6)   In this section:

"engage in conduct" means:

  (a)   do an act; or

  (b)   omit to perform an act.