sec.43AConfidentiality requests

sec.43A Confidentiality requests

This section applies if a person believes that the disclosure of information given, or to be given, to the competition authority under this division is likely to damage the person’s commercial activities. The person may give the competition authority a written notice (a confidentiality request ) that— states the person’s belief; and asks the authority not to disclose the information to an external entity without the person’s consent. The competition authority may accept the person’s confidentiality request if the authority is satisfied— the person’s belief is justified; and disclosure of the information would not be in the public interest. If the competition authority accepts the person’s confidentiality request, the authority must not— include the information in a report about the investigation of a competitive neutrality complaint; or otherwise disclose the information to an external entity. Subsection (4) does not apply if the information is included in a report, or otherwise disclosed to an external entity, in a way that could not reasonably be expected to identify the person. In this section— commercial activities means activities conducted on a commercial basis. contractor , of the competition authority, means a person (other than a member or employee of the authority) who performs services for the authority— under a contract between the person and the authority; or under an arrangement between the authority and another person. external entity , in relation to information, means an entity other than— the Minister; or a member of the competition authority; or a member of the competition authority’s staff, or a contractor of the authority, who would ordinarily receive the information in administering, or performing a function under, this Act; or the council. information includes a document. person includes a local government or business entity. s 43A ins 2021 Act No. 12 s 198 (sec.43A-ssec.1) This section applies if a person believes that the disclosure of information given, or to be given, to the competition authority under this division is likely to damage the person’s commercial activities. (sec.43A-ssec.2) The person may give the competition authority a written notice (a confidentiality request ) that— states the person’s belief; and asks the authority not to disclose the information to an external entity without the person’s consent. (sec.43A-ssec.3) The competition authority may accept the person’s confidentiality request if the authority is satisfied— the person’s belief is justified; and disclosure of the information would not be in the public interest. (sec.43A-ssec.4) If the competition authority accepts the person’s confidentiality request, the authority must not— include the information in a report about the investigation of a competitive neutrality complaint; or otherwise disclose the information to an external entity. (sec.43A-ssec.5) Subsection (4) does not apply if the information is included in a report, or otherwise disclosed to an external entity, in a way that could not reasonably be expected to identify the person. (sec.43A-ssec.6) In this section— commercial activities means activities conducted on a commercial basis. contractor , of the competition authority, means a person (other than a member or employee of the authority) who performs services for the authority— under a contract between the person and the authority; or under an arrangement between the authority and another person. external entity , in relation to information, means an entity other than— the Minister; or a member of the competition authority; or a member of the competition authority’s staff, or a contractor of the authority, who would ordinarily receive the information in administering, or performing a function under, this Act; or the council. information includes a document. person includes a local government or business entity.