230 Taking, obtaining, or copying trade secrets

(1)

Every one is liable to imprisonment for a term not exceeding 5 years who, with intent to obtain any pecuniary advantage or to cause loss to any other person,—

(a)

dishonestly and without claim of right, takes, obtains, or copies any document or any model or other depiction of any thing or process containing or embodying any trade secret, knowing that it contains or embodies a trade secret; or

(b)

dishonestly and without claim of right, takes or obtains any copy of any document or any model or other depiction of any thing or process containing or embodying any trade secret, knowing that it contains or embodies a trade secret.

(2)

For the purposes of this section, trade secret means any information that—

(a)

is, or has the potential to be, used industrially or commercially; and

(b)

is not generally available in industrial or commercial use; and

(c)

has economic value or potential economic value to the possessor of the information; and

(d)

is the subject of all reasonable efforts to preserve its secrecy.

Section 230: replaced, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).