Australian Small Business and Family Enterprise Ombudsman Act 2015
9Meaning of confidential information
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9 Meaning of confidential information
(1) Information is confidential for the purposes of a provision of this Act requiring or permitting a person (the decision‑maker) to table the information, publish the information or otherwise make the information publicly available if: (a) the decision‑maker is satisfied that the disclosure of the information in that way would cause undue distress or embarrassment to a person; or (b) the decision‑maker is satisfied in accordance with subsection (2) that the information is commercial‑in‑confidence; or (c) the decision‑maker is satisfied that disclosure of the information in that way would be contrary to the public interest. (2) The decision‑maker may be satisfied that information is commercial‑in‑confidence if a person demonstrates to the decision‑maker that: (a) the disclosure of the information could unreasonably affect the person, or a business or action related to the person, in an adverse manner; and (b) the information is not in the public domain; and (c) the information is not required to be disclosed under another law of the Commonwealth, a State or a Territory; and (d) the information is not readily discoverable.