40Confidentiality

40 Confidentiality (1) The regulator must ensure that confidential information obtained under this Part is protected from use or disclosure except: (a) in the performance of the regulator’s functions; (b) as required or allowed by law; (c) with the written consent of the person who supplied the information; or (d) in prescribed circumstances. (2) However, the regulator may disclose confidential information: (a) if the regulator is of the opinion that it is in the public interest for the regulator so to do; or (b) to an arbitrator, at the arbitrator’s request, in the course of an arbitration.

AustralAsia Railway (Third Party Access) Act 1999 29 (2a) The regulator must, before taking action under subclause (2)(a), give the person who supplied the relevant information a reasonable opportunity to make submissions to the regulator in relation to the potential disclosure of the information. (3) Clause 33 extends to confidential information and documents supplied to an arbitrator under subclause (2)(b).