40Obligation to preserve confidentiality

40 Obligation to preserve confidentiality (1) A system controller must preserve the confidentiality of information that: (a) could affect the competitive position of an electricity entity or other person; or (b) is commercially sensitive for some other reason. (2) Information referred to in subsection (1) may be disclosed if: (a) the disclosure is made to another person who is also performing a function under this Act; or (ab) the disclosure is made to the AER under the National Electricity (NT) Law; or (b) the disclosure is made with the consent of the person who gave the information or to whom the information relates; or (c) the disclosure is authorised or required under any Act or law; or (d) the disclosure is authorised or required by a court or tribunal constituted by law; or (e) the disclosure is authorised by regulations. (3) If a person when giving information to the system controller claims that the information is information referred to in subsection (1), the system controller must, before disclosing the information, give the person written notice of the proposed disclosure and the reasons for the disclosure. Division 4 Utilities Commission's powers to take over operations Electricity Reform Act 2000 28 Division 4 Utilities Commission's powers to take over operations 41 Power to take over operations (1) The Utilities Commission may request the Minister to make a determination under this section authorising it to take over all or part of an electricity entity's operations if: (a) the electricity entity contravenes a condition of its licence; or (b) the electricity entity's licence expires, is suspended or is cancelled; or (c) the electricity entity commits an offence against the Electrical Safety Act 2022. (2) Before requesting a determination, the Utilities Commission must give the electricity entity a reasonable opportunity to show cause why the action should not be taken. (3) The Minister may make a determination under this section if satisfied that it is necessary to ensure an adequate, reliable and secure generation, supply or sale of electricity to customers. (4) A determination under this section: (a) authorises the Utilities Commission to take over the electricity entity's operations or a specified part of the electricity entity's operations; and (b) may contain ancillary directions, including directions about how the costs of carrying on the operations and revenue generated from the operations are to be dealt with. (5) A direction under subsection (4)(b) operates despite any rights inconsistent with it.