23AAuthority to maintain public record for certain purposes

##### 23A Authority to maintain public record for certain purposes (1) The Authority must, in relation to an inquiry conducted under section 7 or section 8A: (a) maintain a public record of the inquiry containing, subject to subsection (3), a copy of all submissions to the Authority from interested parties and all relevant correspondence between the Authority and other persons; and (b) at the request of an interested party make that record available to that party for inspection. (2) So far as concerns an inquiry under subsection 7(1), the public record must also contain the full public record of the preceding investigation by the Comptroller. (3) To the extent that information provided to the Authority by a person is claimed to be confidential or to be information whose publication would adversely affect a person’s business or commercial interests, the person giving that information must ensure that a summary of that information: (a) that contains sufficient detail to allow a reasonable understanding of the substance of the information; but (b) that does not breach that confidentiality or adversely affect those interests; is given to the Authority for inclusion in the public record. (4) A person is not required to give the Authority a summary of information under subsection (3) for inclusion in the public record if the person satisfies the Authority that there is no way such a summary can be provided to allow a reasonable understanding of the substance of the information. (5) If oral information is given to the Authority by a person, the Authority must not take that information into account unless it is subsequently put in writing by the person or by the Authority and thereby becomes available, subject to considerations of confidentiality and to the need to protect business and commercial interests, as a part of the public record. (6) If: (a) in relation to an inquiry referred to in subsection (1), a person claims that material is confidential or would adversely affect a person’s business or commercial interests; and (b) the Authority indicates to the party that it disagrees with the claim; but, despite the opinion of the Authority, the person making the claim will not: (c) agree to the inclusion of the information in the public record; or (d) prepare a summary of the information for inclusion in that record; the Authority may disregard the information unless it is demonstrated that the information is correct. (7) If: (a) in relation to an inquiry referred to in subsection (1), a person claims that material is confidential or would adversely affect a person’s business or commercial interests; and (b) the Authority indicates to the party that it agrees with the claim; but the person making the claim will not prepare a summary of the information for inclusion in the public record, the Authority may disregard the information unless it is demonstrated that the information is correct. (8) Before reporting to the Minister the Authority must ensure that there is placed on the public record a statement of the essential facts on which it proposes to base its report.