257Disclosure for performance of function or exercise of power permitted in certain cases

257 Disclosure for performance of function or exercise of power permitted in certain cases

(1) The regulator may disclose sensitive information in the performance of a function or exercise of a power under, or in connection with, this Act or the Transport Integration Act 2010 if the regulator has—

(a) invited submissions, and considered any made, in accordance with subsection (2); and

(b) formed an opinion referred to in subsection (3); and

(c) given notice in accordance with subsection (4).

(2) For the purposes of subsection (1)(a), the regulator must—

(a) give the person from whom the regulator obtained, or who has given, the sensitive information (the provider) an opportunity to make a submission to the regulator specifying—

(i) why the information is of a confidential or commercially sensitive nature; and

(ii) the detriment that would be caused by the disclosure of the information; and

(b) give the same opportunity to each person—

(i) who the regulator knows gave the information to the provider; and

(ii) whose identity and address is known to the regulator; and

(c) consider any submission made.

(3) For the purposes of subsection (1)(b), the opinion is either—

(a) an opinion that the disclosure would not cause detriment to—

(i) the provider; and

(ii) any other person who the regulator knows gave the information to the provider; or

(b) an opinion that, although the disclosure would cause detriment to a person referred to in paragraph (a), the public benefit in disclosing the information outweighs that detriment.

(4) For the purposes of subsection (1)(c), the regulator must give written notice to—

(a) the provider; and

(b) each person—

(i) who the regulator knows gave the information to the provider; and

(ii) whose identity and address is known to the regulator.

(5) The notice must—

(a) state that the regulator wants to disclose the sensitive information; and

(b) specify the nature of the intended disclosure; and

(c) set out detailed reasons why the regulator wants to make the disclosure; and

(d) state the opinion that the regulator has formed in relation to the recipient of the notice under subsection (3); and

(e) set out detailed reasons why the regulator has formed that opinion; and

(f) include a copy of this Division.