18Grounds for confidentiality of information

18 Grounds for confidentiality of information (1) Any part of the text of a notifiable contract will be confidential text if a requirement imposed by law requires a party to the contract to keep the text confidential. a failure to comply with the requirement would create an action for breach of confidence

(2) The responsible Territory entity for a notifiable contract to which section 17 applies must not— (a) propose that any part of the text of the contract be confidential text unless reasonably satisfied that any disclosure of the text— (i) would cause unreasonable detriment to the Territory or another party to the contract; or (ii) may put personal or public safety, or the security of the Territory, at risk; or 1 construction plans for a correctional facility or law enforcement facility 2 information about design, construction or operation of major infrastructure or public works (iii) would have a significant adverse effect on the financial, legal or property interests of the Territory or a Territory entity; or (iv) would unreasonably constrain the development or consideration of policy alternatives by the Territory; or (v) would disclose information prescribed by regulation for this section; or (b) agree to any part of the text of the contract being confidential text unless reasonably satisfied that any disclosure of the text would— (i) disclose a trade secret; or intellectual property, including software source codes

(ii) disclose an artistic, literary or cultural secret; or 1 details about a photographic shoot 2 text of an historic manuscript 3 a secret indigenous cultural practice (iii) disclose information (other than a trade, artistic, literary or cultural secret) having a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed; or information on the design and operation of goods (iv) be an unreasonable disclosure of information about internal costings or profit margins; or 1 hourly rates, on-costs and management fees 2 individual components of the contract’s total consideration (v) disclose information that may put personal or public safety, or the security of the Territory, at risk; or (vi) disclose information prescribed by regulation for this section. (3) Also, the responsible Territory entity for the notifiable contract must not propose that any part of the text of the contract be confidential text, or agree to any part of the text of the contract being confidential text, if— (a) the substance of the information to which the text relates is public knowledge; or (b) the effect of the proposal or agreement— (i) would be to inappropriately restrict a Territory entity in the management or use of Territory assets; or (ii) would not be in the public interest; or

(iii) would be to require the obligation of confidentiality to apply for longer than is reasonably necessary to protect the interest to which it relates. (4) If the responsible Territory entity for the notifiable contract agrees to a part of the text of the contract being confidential text, it must be noted in the contract that the text is confidential text. (5) The responsible Territory entity for the notifiable contract may delegate the Territory entity’s functions under this section to a public employee.