112DAA may declare that information is to be treated as commercial‑in‑confidence information

#### 112 DAA may declare that information is to be treated as commercial‑in‑confidence information \[Declaration\] (1) If, on an application under subsection 111(1) or (2), the DAA is satisfied that: (a) publication of the information specified in the application could reasonably be expected to prejudice substantially the commercial interests of the applicant; and (b) the prejudice outweighs the public interest in the publication of the information; the DAA may declare that the information is to be treated as commercial‑in‑confidence information for the purposes of this Part. \[Notification of decision on application\] (2) The DAA must give the applicant written notice of the decision about the application. \[Confidential status maintained until reconsideration or review finalised\] (3) For the purposes of this Part, if the DAA refuses an application under subsection 111(1) or (2) in relation to information, the information is treated as commercial‑in‑confidence information at a particular time if: (a) the time is after the application is made but before the end of the period of 21 days after the giving of the notice of refusal; or (b) if, during that period, the applicant requests the DAA to reconsider the decision refusing the application—the time is during the period when that reconsideration, or any subsequent application to the AAT, has not been finalised. \[Reconsideration taken not to be finalised during period when AAT application can be made\] (4) For the purposes of this section, a reconsideration of a decision is taken not to have been finalised during the period of 28 days after: (a) if, because of the operation of subsection 119(4), the decision is taken to be confirmed—the day on which the decision is taken to have been confirmed; or (b) in any other case—the day on which the decision on the reconsideration is notified to the entity concerned. \[Reasons for decision\] (5) If the DAA refuses to make a declaration, the notice of refusal must set out the reasons for the refusal.