60CRestriction on disclosure of confidential information

60C Restriction on disclosure of confidential information

(1) This section applies if—

(a) information or a document is given or made available to the Commission—

(i) under section 36(1); or

(ii) under section 39K; or

(iii) under section 51 before its expiry under section 47 on 31 December 2007; or

Part 6 of the Essential Services Commission Act 2001, as originally enacted, included sections 47 and 51. Section 47, as amended by section 26 of the Energy Legislation (Amendment) Act 2004, provided for the expiry of Part 6 on 31 December 2007.

(iv) under section 212E of the Accident Towing Services Act 2007; and

(b) at the time the information or document is given, the person giving it states that it is of a confidential or commercially-sensitive nature.

(2) Before the Commission makes a decision under subsection (3), the Commission must—

(a) give the person giving the information or document an opportunity to make a submission to the Commission specifying—

(i) why the information or document is of a confidential or commercially-sensitive nature; and

(ii) the detriment that would be caused by the disclosure of the information or document; and

(b) consider any submission made by that person.

(3) The Commission must not disclose the information or the contents of the document to any person unless—

(a) the Commission is of the opinion—

(i) that the disclosure of the information or document would not cause detriment to the person supplying it; or

(ii) that although the disclosure of the information or document would cause detriment to the person supplying it, the public benefit in disclosing it outweighs that detriment; and

(b) the Commission is of the opinion, in relation to any other person who is aware of the information or the contents of the document and who might be detrimentally affected by the disclosure—

(i) that the disclosure of the information or document would not cause detriment to that person; or

(ii) that although the disclosure of the information or document would cause detriment to that person, the public benefit in disclosing it outweighs that detriment; and

(c) the Commission gives the person who supplied the information or document a written notice—

(i) stating that the Commission wishes to disclose the information or contents of the document, specifying the nature of the intended disclosure and setting out detailed reasons why the Commission wishes to make the disclosure; and