Competition (Amendment) Act 2022

Amendment of section 25 of Act of 2014

29. Section 25 of the Act of 2014 is amended—

(a) by the substitution of the following subsections for subsections (1) and (2):

“(1) A person shall not, unless authorised by the competent authority, or by a member of the staff of the competent authority duly authorised in that behalf so to do, or required by law, disclose confidential information obtained by him or her in his or her capacity, or while performing duties as—

(a) a member of the competent authority,

(b) a member of the staff of the competent authority,

(c) an authorised officer,

(d) a person engaged by the competent authority in any other capacity, or

(e) an adjudication officer appointed under the Act of 2002.

(2) Subsection (1) shall not apply to—

(a) a communication made by a member of the competent authority, a member of the staff of the competent authority, an authorised officer, or an adjudication officer in the performance of any of his or her functions under this Act, being a communication the making of which was necessary for the performance by the member, member of the staff of the competent authority, authorised officer or adjudication officer of any such function, or

(b) the disclosure by a member of the competent authority, a member of the staff of the competent authority, an authorised officer or an adjudication officer to any person or body mentioned in paragraphs (a) to (q) of section 24(1) of information which, in the opinion of the member, member of the staff of the competent authority, authorised officer or adjudication officer, may relate to the commission of an offence (whether an offence under this Act or not).”,

(b) in subsection (4), by the substitution of the following paragraph for paragraph (b):

“(b) by or on behalf of a competent authority to another competent authority or to the Minister.”,

(c) in subsection (4)(a) and (5), by the substitution of “competent authority” for “Commission” in each place that it appears, and

(d) by the insertion of the following subsections after subsection (5):

“(6) Nothing in this section shall prevent the disclosure by a person of material in accordance with section 15AX of the Act of 2002.

(7) In this section, ‘competent authority’ has the meaning it has in the Act of 2002.”.