21Submissions may be made publicly available

21  Submissions may be made publicly available

 (1) Subject to subsections (2), (3) and (4), the Commissioner may make available to the public generally, or to particular persons or bodies, a submission or a part of a submission (including a written record of an oral submission) made in response to an invitation under subsection 20(1).

 (2) The Commissioner must not make available under subsection (1) a submission, or a part of a submission, to the extent that:

 (a) it names, or otherwise makes reasonably identifiable, an individual other than:

 (i) a Minister of the Commonwealth, a State or a Territory; or

 (ii) an individual who holds an office or appointment under a law of the Commonwealth, a State or a Territory; or

 (iii) an SES employee or acting SES employee; or

 (iv) an individual who is an officer or employee of a State or Territory government or government authority and holds or performs the duties of an office or position that is equivalent to a position occupied by an SES employee; or

 (v) an individual who made the submission; or

 (b) it contains information that the Commissioner is satisfied is:

 (i) sensitive information; or

 (ii) intelligence information; or

 (iii) operationally sensitive information.

 (3) The Commissioner may make available a submission, or a part of a submission, to which subsection (2) applies if the Commissioner redacts from the submission, or the part of the submission, the matters mentioned in that subsection.

 (4) The Commissioner must not make available under subsection (1) a submission, or part of a submission made by a person or body if:

 (a) for a submission made by a Commonwealth entity—the submission, or the part of a submission, was withdrawn by, or returned to, the entity under subsection 20(7); or

 (b) for a submission made by any other person or body:

 (i) the person or body requested the Commissioner not to make the submission, or the part of the submission, available; and

 (ii) the Commissioner agreed to the request.

 (5) The Commissioner must not make available under subsection (1) a written record of an oral submission made by a person unless the person has verified the content of the record.