74Information sharing

74 Information sharing (1) Despite section 60E, the Commission and a relevant agency (within the meaning of that section) are not authorised to share, exchange, request, receive or disclose confidential information that was provided to or otherwise obtained by the Commission under this Act or relevant legislation— (a) before the commencement of section 31 of the **Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021**; or (b) after the commencement of section 31 of the **Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021**, if the confidential information was provided or otherwise obtained in response to a request or requirement made under this Act or relevant legislation as in force immediately before that commencement. (2) The Commission and a relevant agency within the meaning of section 60E may share, exchange, request, receive or disclose information (other than confidential information) that was provided to or otherwise obtained by the Commission under this Act or relevant legislation in accordance with that section— (a) before the commencement of section 31 of the **Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021**; or (b) after the commencement of section 31 of the **Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021**, if the information was provided or otherwise obtained in response to a request or requirement made under this Act or relevant legislation as in force immediately before that commencement. (3) In this section— ***confidential information*** means information that, at the time the information or document is given to the Commission, the person giving it states that it is of a confidential or commercially sensitive nature. New s. 75 inserted by No. 41/2021 s. 39.