157Disclosure of documents by Commission

157 Disclosure of documents by Commission

(1) Subject to subsection (1A), if:

(a) a corporation makes an application to the Commission under section 88, 91A, 91B or 91C; or

(b) the Commission proposes the revocation of an authorisation under subsection 91B(3) or the revocation of an authorisation and the substitution of another authorisation under subsection 91C(3); or

(c) a proceeding is instituted against a corporation or other person under section 77, 80, 80AC, 80AD, 81, 81A or 81B; or

(d) an application is made under subsection 51ADB(1) or 53ZO(1), section 86C or 86D or subsection 87(1A) for an order against a corporation or other person;

the Commission shall, at the request of the corporation or other person and upon payment of the prescribed fee (if any), furnish to the corporation or other person:

(e) a copy of every document that has been furnished to, or obtained by, the Commission in connexion with the matter to which the application, notice or proceeding relates and tends to establish the case of the corporation or other person; and

(f) a copy of any other document in the possession of the Commission that comes to the attention of the Commission in connexion with the matter to which the application, notice or proceeding relates and tends to establish the case of the corporation or other person;

not being a document obtained from the corporation or other person or prepared by an officer or professional adviser of the Commission.

(1AA) Subject to subsections (1AB) and (1A), if an application for an order against a person is made under:

(a) section 137F; or

(b) subsection 237(1), 243A(1) or 243B(1), or section 246 or 247, of the Australian Consumer Law;

the Commission must, at the request of the person and upon payment of the prescribed fee (if any), give the person:

(c) a copy of every document that has been given to, or obtained by, the Commission in connection with the matter to which the application relates and tends to establish the case of the person; and

(d) a copy of any other document in the possession of the Commission that comes to the attention of the Commission in connection with the matter to which the application relates and tends to establish the case of the person.

(1AB) Subsection (1AA) does not apply to a document obtained from the person, or prepared by an officer or professional adviser of the Commission.

Protected cartel information—Commission may refuse to comply with request

(1A) If a request under subsection (1) relates to a document containing protected cartel information, the Commission may refuse to comply with the request.