sec.128Deciding claim for exemption on ground of commercial confidentiality

### sec.128 Deciding claim for exemption on ground of commercial confidentiality The chief executive may grant the claim only if the chief executive reasonably believes— the information would be exempt information under the Right to Information Act 2009 ; or disclosure of the information would be reasonably expected to cause a public interest harm as mentioned in the Right to Information Act 2009 , schedule 4 , part 4 , item 7. If the chief executive grants the claim— the chief executive must give the occupier a notice about the decision; and the occupier is exempted from giving the chief executive the information for the period stated in the notice. The chief executive may refuse to grant the claim if the chief executive has given the occupier a notice under section 127 (3) asking for further information and the occupier does not comply with the request in the period stated in the notice. The chief executive must give the occupier written notice of the chief executive’s decision on the claim. If the chief executive refuses to grant the claim, the notice must be an information notice about the decision to refuse the claim. Subsection (7) applies if the chief executive fails to give the occupier a notice about the chief executive’s decision on the claim— within 60 days after the claim is made; or if the occupier gives the chief executive further information under section 127 (3) —within 60 days after receiving the further information. The chief executive’s failure to give the notice is taken to be a decision by the chief executive to refuse to grant the claim at the end of the relevant 60 days. (sec.128-ssec.1) The chief executive may grant the claim only if the chief executive reasonably believes— the information would be exempt information under the Right to Information Act 2009 ; or disclosure of the information would be reasonably expected to cause a public interest harm as mentioned in the Right to Information Act 2009 , schedule 4 , part 4 , item 7. (sec.128-ssec.2) If the chief executive grants the claim— the chief executive must give the occupier a notice about the decision; and the occupier is exempted from giving the chief executive the information for the period stated in the notice. (sec.128-ssec.3) The chief executive may refuse to grant the claim if the chief executive has given the occupier a notice under section 127 (3) asking for further information and the occupier does not comply with the request in the period stated in the notice. (sec.128-ssec.4) The chief executive must give the occupier written notice of the chief executive’s decision on the claim. (sec.128-ssec.5) If the chief executive refuses to grant the claim, the notice must be an information notice about the decision to refuse the claim. (sec.128-ssec.6) Subsection (7) applies if the chief executive fails to give the occupier a notice about the chief executive’s decision on the claim— within 60 days after the claim is made; or if the occupier gives the chief executive further information under section 127 (3) —within 60 days after receiving the further information. (sec.128-ssec.7) The chief executive’s failure to give the notice is taken to be a decision by the chief executive to refuse to grant the claim at the end of the relevant 60 days. - (a) the information would be exempt information under the Right to Information Act 2009 ; or - (b) disclosure of the information would be reasonably expected to cause a public interest harm as mentioned in the Right to Information Act 2009 , schedule 4 , part 4 , item 7. - (a) the chief executive must give the occupier a notice about the decision; and - (b) the occupier is exempted from giving the chief executive the information for the period stated in the notice. - (a) within 60 days after the claim is made; or - (b) if the occupier gives the chief executive further information under section 127 (3) —within 60 days after receiving the further information.