32Limitations on monopoly provider investigation and reporting

32 Limitations on monopoly provider investigation and reporting

(1)  The Regulator is not to investigate the terms of a contract, or the terms of a contract which is a member of a class of contracts, if that investigation is prohibited by the requirement to investigate under section 24 .

(2)  [Section 32 Subsection (2) amended by No. 13 of 2015, s. 21, Applied:01 Jul 2015] [Section 32 Subsection (2) amended by No. 13 of 2015, s. 21, Applied:01 Jul 2015] [Section 32 Subsection (2) amended by No. 13 of 2015, s. 21, Applied:01 Jul 2015] [Section 32 Subsection (2) amended by No. 13 of 2015, s. 21, Applied:01 Jul 2015] Except as authorised or required by law, the Regulator, the Acting Regulator, an Assistant Regulator or an employee is not to publish or otherwise divulge a document, part of a document or other information that came into his or her possession as a result of the Regulator, the Acting Regulator or an Assistant Regulator performing or exercising his or her functions or powers if that document, part or information is or contains –

(a) a contract or the terms of a contract referred to in subsection (1) ; or

(b) a contract or the terms of a contract if the Regulator was prohibited by this section from investigating the contract or terms at the time the contract or terms came into the possession of the Regulator; or

(c) information which, if published, could cause damage to the commercial interests of a monopoly provider.

(3)  The Freedom of Information Act 1991 and the Right to Information Act 2009 do not apply in respect of –

(a) a document, part of a document or information the publication of which is prohibited by subsection (2) ; or

(b) records of the giving, production or obtaining of that document, part of a document or information.