107Commercially sensitive information

107 Commercially sensitive information

(1) The occupier of a reporting facility, by written notice to the Authority, may claim that information required to be provided by the occupier under regulation 104(1) should be treated as commercially sensitive information.

(2) The notice must contain information necessary to enable the Authority to determine the claim.

(3) The Authority, by written notice to the occupier, may ask the occupier to provide the Authority, within a reasonable period specified in the notice, further relevant information to enable the Authority to determine the claim.

(4) The Authority may only permit the claim if the Authority considers that the interests of the occupier in maintaining confidentiality outweigh the public interest in disclosing the information.

(5) The Authority may refuse the claim if the Authority has given the occupier a notice under subregulation (3) asking for further information and the occupier does not comply with the request in the period specified in the notice.

(6) The Authority must give the occupier written notice of the Authority's determination of the claim.

(7) If the Authority refuses the claim, the notice must specify the reasons for refusal.

(8) If the Authority permits the claim, the Authority must not provide the information for which the claim was permitted to the Commonwealth Department of Environment and Energy unless it is provided in a way that preserves the confidentiality of the information (such as by aggregation with other information).